By Natalie McQuilkin 

For the past decade, the number of content creators and social media influencers has grown steadily. In fact, The Washington Post found that the global “creator economy” is valued at $250 billion and is comprised of millions of content creators and consumers. Researchers project that these trends will only continue to grow, especially since 72 percent of Americans between 18 and 29 said they follow a social media influencer, according to the Pew Research Center. As of April 2023, more than 50 million people across the world work as content creators. By 2027, Goldman Sachs predicts that the creator economy could grow to $480 billion—nearly double what it currently is.  

With more people dipping their toes into the world of content creation, more people are wondering if they can get a visa or green card as a content creator or social media influencer. 

The answer is yes, but it’s no easy feat. 

There are two business immigration pathways that accommodate those in the content creation field: the O-1B visa, which requires an employer sponsorship, and the EB-1A green card pathway, which allows you to self-petition. In this post, we’ll highlight the characteristics of both pathways and their challenges. 

The O-1B Visa 

The O-1B visa is designed for those with extraordinary ability in the arts. It’s a nonimmigrant visa, meaning it permits you to work and live in the United States for a limited period of time – up to three years. It also requires that an employer sponsor you for the visa.  

U.S. Citizenship and Immigration Services (USCIS) defines “extraordinary ability” as being “distinguished,” or having a high level of skill and recognition that sets you apart from others in your field. According to USCIS, you must be “prominent, renowned, leading, or well-known in the field of arts.” 

To prove that you’re distinguished in your field, USCIS requires that you have sustained national or international acclaim in your field. There are some national and international awards for content creators, like the National Creators Award, which was established in India in 2024, and the World Influencer and Blogger Awards. There are also a ton of podcast awards, which you can find here. In 2023, TikTok even hosted an end-of-the year awards show. 

You can also prove that you have extraordinary ability by providing evidence about the nature of your work as a content creator. This can include three of the following: 

• Evidence that you have collaborated, and will continue to collaborate, with a distinguished brand as an ambassador or lead influencer 

• Evidence that you’ve received national or international recognition for your achievements 

• National or international articles and/or other publications about your success in your field 

• Documents that prove you have been successful online, which can include reports of your follower count, number of likes, your engagement with your audience, past brand campaigns, and monetary success for yourself as well as the brand 

• Proof that you make a higher salary than average content creators 

• Documents detailing which clients, brands, and/or social media influencers you have worked with in the past 

• Reference letters from colleagues, brands, or clients 

As previously mentioned, the O-1B visa requires you to have a U.S. employer, U.S. agent, or foreign employer through a U.S. agent to petition for you. They’ll have to file a Form I-129 (Petition for Nonimmigrant Worker). They must also submit a contract detailing the work you’ll be doing in the United States in addition to itineraries, which further detail what work you will be doing and when you’ll be doing it. Although the initial period of stay is a maximum of three years, your employer can request you remain in the U.S. in additional one-year increments. 

Another perk of the O-1B visa is that if you are granted the visa, your spouse and children younger than 21 can apply for the O-3 nonimmigrant visa, which allows them to study full- or part-time while you are in the United States. 

Processing Time: As of September 2024, it’s taking the California Service Center 6.5 months to process Form I-129 and the Vermont Service Center just 3 months, according to USCIS.  

The EB-1A Visa 

The other visa option for social media influencers and content creators is the EB-1A green card pathway. The EB-1A is a self-petition pathway, meaning you don’t need an employer to sponsor you. Once you’re approved, you will be granted a green card, allowing you to work and live in the United States permanently, unlike the O-1B visa. 

Like the O-1B visa, the EB-1A track hinges on extraordinary ability in your field but with sustained national or international acclaim. In our EB-1A deep dive blog post, we explained that this means you have previously had – and still have – a major level of acclaim in your field when you apply for the EB-1A. So, if you haven’t been active in a field that you were once prestigious in, you would not be eligible because you haven’t maintained your level of acclaim and would no longer be eligible for the EB-1A.  

Similarly to the O-1B visa, you can be considered eligible for the EB-1A pathway if you can provide evidence of a one-time national or international achievement, like a major award in your field, and proof that you’ll continue to be working as a social media influencer or content creator in the United States. If you haven’t received an award for your work, you can still be considered eligible if you can provide evidence for three of the following: 

• Lesser nationally or internationally recognized awards or prizes for excellence 

• Published material about you in major media 

• You have been asked to judge the work of others, either individually or on a panel 

• You have majorly contributed to your field through your work 

• You’ve held a leading or critical role within distinguished organizations 

• You make a higher salary than others in your field 

• You have been commercially successful in your position as a content creator or social media influencer 

Once you’ve gathered this evidence, you’ll fill out and file Form I-140 (Immigrant Petition for Alien Worker), which costs $715 to file. Once your I-140 is approved, your spouse and children younger than 21 apply for E-14 or E-15 immigrant status, respectively.  

Processing Time: The Nebraska Service Center is processing Form I-140 in 12.5 months, while the Texas Service Center is processing the form in 14 months at the time of writing. 

Challenges in Obtaining The O-1B and EB-1A 

As we mentioned previously, being granted the O-1B or EB-1A visas as a social media influencer or content creator can be difficult. It’s important to realize that these visas are not intended for social media influencers or content creators who get free packages sent to them to unbox, review, and promote every so often. These visa and green card pathways are geared for those who are brand ambassadors, have a large following, and bring in a lot of money for the companies they work with.  

Here are examples of O-1B and EB-1A petitions that USCIS’ Administrative Appeals Office (AAO) have denied: 

In August 2022, the AAO denied an O-1B visa for a content creator because she did not meet the evidentiary requirements. She failed to explain what work she would be doing in the United States, along with how long she would need to remain in the United States to complete her work.  

In July 2024, the AAO denied an EB-1A for a fashion and lifestyle blogger who had received a YouTube Silver Creator Award. The AAO ultimately found that this award did not make her eligible because YouTube encourages content creators to apply for these awards, and they are given out once creators’ channels hit certain milestones. They don’t necessarily establish that the creator has extraordinary ability in his or her field. The blogger also provided evidence that she was part of three organizations, but they weren’t relevant for her job as a content creator. Additionally, the AAO found that an article the blogger submitted which referenced her was not a “major” publication, as it did not have very high circulation.  

As you can see, USCIS will thoroughly research every piece of information you provide to ensure you meet the exceptional ability aspect. 

What Do I Do If I’m Interested In These Pathways? 

Navigating the complexities of obtaining an O-1B or EB-1A visa can be daunting for social media influencers and content creators. The stringent requirements and extensive documentation often pose significant challenges. However, if you’re passionate about pursuing your career in the United States, consulting with an experienced immigration attorney, like Eagan’s senior business attorney, Hannah Whaley, can provide invaluable guidance and increase your chances of success. Don’t let the hurdles deter you—take the first step by seeking professional advice tailored to your unique situation. Your dream of making it big in the U.S. might be closer than you think! 

Contact Attorney Whaley today by calling our office at (202) 709-6439 or clicking this link. 

References 

The Impact of The Creator Economy, The Washington Post, The Impact of The Creator Economy (washingtonpost.com), (last visited: Sept. 25, 2024). 

Monica Anderson and Michelle Faverio, For shopping, phone are common and influencers have become a factor – especially for young adults, Pew Research Center, (Nov. 21, 2022), For shopping, Americans turn to mobile phones while influencers become a factor | Pew Research Center.  

The creator economy could approach half-a-trillion dollars by 2027, Goldman Sachs, (Apr. 19, 2023), The creator economy could approach half-a-trillion dollars by 2027 | Goldman Sachs. 

O-1 Visa: Individuals with Extraordinary Ability or Achievement, USCIS, (Mar. 3, 2023), O-1 Visa: Individuals with Extraordinary Ability or Achievement | USCIS, (last visited: Sept. 25, 2024). 

Stephan Rabimov, Meet The Winner Of The 2024 World Influencers And Bloggers Awards, Forbes, (Jul. 28, 2024), Meet The Winners Of The 2024 World Influencers And Bloggers Awards (forbes.com). 

National Creators Award 2024: From Ranveer Allahbadia to Maithali Thakur, full list of winners here, The Indian Express, (Mar. 9, 2024), National Creators Award 2024: From Ranveer Allahbadia to Maithali Thakur, full list of winners here | Trending News – The Indian Express.  

Processing Times, USCIS, Processing Times (uscis.gov), (last visited: Sept. 26, 2024). 

Employment-Based Immigration: First Preference EB-1, USCIS, (Mar. 1, 2022), Employment-Based Immigration: First Preference EB-1 | USCIS, (last visited: Sept. 26, 2024). 

Decision on Aliens of Extraordinary Ability or Achievement (O-1, O-2, and O-3), USCIS, (Aug. 30, 2022), AUG302022_01D8101 (uscis.gov). 

Decision on Aliens with Extraordinary Ability, USCIS, (Jul. 16, 2024), JUL162024_01B2203 (uscis.gov).