The U.S. government is changing its approach to granting O-1 visas, traditionally reserved for individuals with extraordinary abilities in various fields. Recent reporting by the Financial Times reveals a notable trend: approval of artist visas is increasingly influenced by the number of followers applicants have on platforms like OnlyFans and TikTok. This shift suggests a growing emphasis on social media metrics over traditional measures of artistic merit.
Between 2014 and 2024, the number of O-1 visas issued has surged by over 50 percent. While the total number of O-1 visas remains significantly lower than the more familiar H-1B visas, which cater to skilled workers, experts indicate that the criteria for artist visas have been relaxed to accommodate online influencers. Immigration attorney Shervin Abachi noted that applications often highlight follower counts and subscription earnings, making it easier for influencers to demonstrate their success.
Abachi explained, “Officers are being handed petitions where value is framed almost entirely through algorithm-based metrics.” This trend reflects a broader transformation in how artistic merit is perceived, potentially treating it as a mere numerical score. The implications of this shift are significant, as it marks a departure from traditional artistic qualifications to a system increasingly driven by digital popularity.
Impact on Immigration Attorneys
As a result of this evolution, the landscape for immigration attorneys is rapidly changing. Prominent lawyers like Michael Wildes are now representing a markedly different clientele. Instead of working with well-known musicians and artists, Wildes finds himself assisting OnlyFans performers and TikTok creators. “I knew the days of representing iconic names like Boy George and Sinéad O’Connor were over,” he stated. Wildes noted that influencers now constitute over half of his practice.
This trend raises questions about the long-term consequences for artistic professions. Abachi emphasized that the current landscape reflects a “structural shift” in immigration law, suggesting that the increased filings from influencers could indicate a broader change in how opportunities are distributed in the creative sectors.
The evolving criteria for O-1 visas not only redefine who qualifies as an artist but also signal a cultural shift in how society values creative expression. As social media continues to shape public perception, the implications for the arts and immigration policies may be profound. Whether this trend will lead to a richer diversity of artistic voices or further commodification of creativity remains to be seen.
The growing prevalence of influencers in the visa approval process may also impact the future of artistic disciplines, as emerging creators may feel pressured to conform to more commercialized standards in hopes of gaining entry into the United States.
