Influencers and OnlyFans Models Turn to Artist Visas to Enter US
Digital content creators are reportedly adapting their metrics to apply for the O-1B visa for “extraordinary” abilities in the arts.
Can influencers call themselves artists? According to immigration lawyers in the United States, the answer is yes, as digital marketing has blurred the lines between the performing arts, modeling, and content creation over the last decade.
A recent Financial Times report indicated that social media influencers and OnlyFans models make up a steady stream of applicants for the O-1B visa, which is originally for people with documented high achievements in the arts. Through the Immigration Act of 1990, the O visa classification is reserved for temporary workers who demonstrate “extraordinary ability” in the sciences, arts, education, business, or athletics.
The O-1B visa is specifically for creatives working in the visual, literary, performing, and motion picture arts sectors. Its approval relies on evidence of exceptional achievement: grants, awards, and other distinguished accolades; a leading role or similar caliber of recognition; extensive press coverage and expert testimonials; and a high salary or other reliable remuneration. As it's a merit-based, non-immigrant visa for temporary stays, there's no annual limit on O-1B visas.
However, social media influencers and content creators have increasingly secured O-1B visas by citing their follower counts and algorithmic performance and condensing that metric data into evidence of their achievements, lawyers told the Financial Times. Content creators and OnlyFans models are managing to get through by showcasing their high earnings and contextualizing brand deals or other sponsorship contracts as endorsements of exceptional talent.
Elektra Yao, founding partner of Yao Law Group and immigration lawyer specializing in artist visas, told the newspaper that “a lay person is very easily impressed by a large number of followers.” Shervin Abachi, whose namesake law firm specializes in artist and entertainment visas, noted in the article that immigration officers are now tasked with determining whether digital influence constitutes a meaningful artistic career.
While those who have achieved algorithmic success online can adapt their accomplishments to meet the requirements for the O-1B visa, the question of whether artistic excellence can still be recognized beyond numeric measures and digital traction looms for individuals working in traditional fine arts.
Hyperallergic has contacted artist visa lawyers for information about client trends and changing criteria for O-1B visas.
