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.
