New Wave of Influencers Reshape O-1 Visa Landscape in America

New Wave of Influencers Reshape O-1 Visa Landscape in America

As artists, the O-1B visa — one specifically tailored for individuals in music, performing arts and entertainment, among others — has undergone a historic shift in recent years. This visa category was previously the purview of Hollywood stars and international superstars of the music world. These days, social media influencers and content creators are making a mad dash for it, too. With the adoption of digital platforms, most notably social media, plenty of new paths have emerged for young talents. Julia Ain, who was just awarded her O-1B visa, will be able to create content full-time in the U.S.

The O-1 visa category is divided into two subcategories: O-1A and O-1B. The O-1A visa is best known as the visa for individuals with extraordinary ability, specifically in sciences, education, business or athletics. By comparison, the O-1B visa is tailored exclusively for individuals in the arts, entertainment, or athletics. To qualify for an O-1B visa, applicants are required to submit evidence fulfilling at least three of six regulatory criteria. You need to shine in notable performances or competitions. On top of that, you need to receive national or international prominence for your work and develop an extensive resume of commercially successful or critically acclaimed productions.

Michael Wildes, an immigration attorney at Wildes & Weinberg, has been indispensable in winning clients O-1B visas. Lathrop’s clients are frequently social media influencers and Twitch streamers. Wildes’ firm was founded by his father, Leon Wildes, in 1960. Leon Wildes, who passed away earlier this summer, was a key architect of the O-1B visa. Nixon personally collaborated with rock stars John Lennon and Yoko Ono in their immigration battles.

At the same time, the demand for O-1 visas has quadrupled. Between 2014 and 2024, that number awarded annually has jumped an astounding 50%. This sudden boom is a testament to what recognition and success look like these days in our rapidly underway digital economy. Influencers, like Ain, are a big part of this trend. Ain has grown to 1.3 million followers on multiple social media platforms. Her visa application focused on her high income and her strong social media metrics.

“Part of my application was: ‘I have 200,000 followers on this app, 300,000 followers on this app, 10 million people watch me here every month,’” – Julia Ain

Ain’s story embodies the changing nature of what success looks like in the American dream. She emphasized her strong reach, which is much farther than the reach hovering over your head. It comes from a rabid fanbase that constantly interacts with her content.

“This isn’t just, ‘Oh, you had one viral video and people watched that.’ No, you’ve got a following now that are not only watching you but also paying for your content actively month after month.” – Julia Ain

Darshan Magdum, a fellow leading light in the influencer ecosystem, was in agreement, as Iain was. But as Jack noted, influencers often serve as the connective tissue that fills in the spaces between disparate retail and commercial interests.

“Influencers are filling a large gap in the retail and commercial interests of the world,” – Darshan Magdum

Magdum further stressed the need for immigration systems that respond to modern-day priorities.

“They’re moving content and purchases like no other. Immigration has to keep up with this.” – Darshan Magdum

Beyond the business ramifications, influencer creators experience distinct burdens in the immigration process. As Ain wrote, far too many Americans don’t realize the hard work it takes to build a sustainable life through content creation.

“I don’t think [people] realize how much work actually goes into it,” – Julia Ain

Thousands of influencers do not have the same privilege and experience difficulties such as lengthy immigration processes and cost. Despite this, they’re still committed to pursuing their dreams in the US.

Yet another influencer, Luca Mornet, expressed his frustrations with not being able to work while in school. His experiences are representative of a greater trend, echoed by many creators who want to get into the field because they believe there is incredible potential.

“I became friends with so many [other influencers], and I would always see them work with so many people and brands and agencies. And I always was so annoyed that I couldn’t because I was a student,” – Luca Mornet

The dynamic state of the content creation space has changed our understanding of what success and accomplishment looks like. The O-1B visa’s expansion to include influencers signifies a shift in societal values towards recognizing digital creativity as a legitimate profession.

“Maybe 50 years ago, this isn’t what people imagined the American dream would look like. But this is what the American dream is now.” – Julia Ain

Wildes commented on this change too, sharing that influencers are a great reflection of a more fluid and exciting emerging touchpoint in the creative ecosystem.

“It’s the new, sexy medium for people to be a part of.” – Michael Wildes

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