The number of influencers who have successfully applied for an O-1B visa, reserved for “exceptional” creatives, has exploded since the Covid-19 pandemic, according to immigration lawyers like Wildes, talent managers and creators.
Some immigration attorneys said influencers now made up more than half their clientele. They are happy to take on these clients, not only from a financial perspective, but because “likes” and subscriber figures are easy metrics to quantify compared with the often murky process of proving “exceptional ability”.
“A lay person is very easily impressed by a large number of followers,” said immigration lawyer Elektra Yao, founding partner of the Yao Law Group. “You don’t need to be a rocket scientist,” she said.
The criteria for O-1Bs — which can include performing in a leading role for a distinguished production, a record of commercial success or significant recognition from experts — have been adapted to fit online influencers, say attorneys.
High follower counts and big earnings can be used to establish commercial success, landing a contract to promote a certain brand can qualify as an endorsement of talent and being featured at a store opening could be considered starring in a distinguished production.
“If you think about how many people are on social media every day and how few people actually make a living from it — it is really a skill.”