Can the modern influencer be considered an artist? In the view of US immigration attorneys, the answer is affirmative, as digital marketing has increasingly blurred the lines between performance, modeling, and content production over the past ten years. According to a recent Financial Times article, social media influencers and OnlyFans models are now frequent applicants for the O-1B visa, which is designed for individuals with significant accomplishments in the arts.
Originating from the Immigration Act of 1990, the O visa category is intended for temporary workers who show “extraordinary ability” in fields such as science, arts, education, business, or sports. Specifically, the O-1B visa caters to individuals in the visual, literary, performing, and motion picture arts. Approval for this visa depends on proof of outstanding achievements, such as awards, notable roles, extensive media coverage, expert endorsements, and substantial earnings.
Though the O-1B visa is merit-based and does not have an annual cap, influencers and content creators are increasingly securing these visas by presenting follower counts and algorithmic success as evidence of their artistic merit, as reported by the Financial Times. By demonstrating high income and framing brand deals as endorsements of their exceptional talent, they find success in obtaining these visas.
Elektra Yao, founder of Yao Law Group and immigration attorney specializing in artist visas, pointed out that “a lay person is very easily impressed by a large number of followers.” Meanwhile, Shervin Abachi, whose law firm focuses on artist and entertainment visas, remarked that immigration officers now face the challenge of assessing whether digital influence equates to a substantial artistic career.
While online success can be translated to meet the O-1B visa criteria, the debate over whether artistic excellence can be recognized beyond numerical metrics and digital impact is a concern for those in traditional fine arts. Hyperallergic has reached out to artist visa attorneys for insights on client trends and evolving O-1B visa requirements.
