I was recently quoted in an article about O-1B’s for Influencers and their impact on O-1 adjudications in general. After reading the piece, I don’t think my quote accurately reflects my opinion on the topic and so, I wanted to take this opportunity to clarify my thoughts.
I don’t believe influencers applying for O-1B visas displace musicians, artists, designers, architects, or models within the O-1 category. The classification is not zero sum, and multiple professional profiles can qualify at the same time if they independently meet the legal standard. In practice, I continue to see strong cases approved across traditional arts disciplines alongside newer creator driven fields.
My concern, although poorly articulated in the article, was more narrowly focused on case quality rather than profession. As I’ve noted in the past, the standard isn’t about follower count alone; instead, it’s about influence, originality, and recognition. When petitions rely too heavily on surface level metrics such as follower counts or engagement statistics, some of which can be easily manufactured or inflated, there is a risk that the category as a whole becomes diluted. Over time, that can make adjudications more difficult for everyone, including highly accomplished artists whose work has long been evaluated through peer recognition, institutional engagement, and sustained professional impact.
That said, influencers applying for O-1’s are not the primary or even the most significant challenge facing artists and small creative businesses seeking visas today. Greater obstacles arise from broader policy choices and administrative trends that raise costs, narrow reviewing officer discretion, and introduce uncertainty across employment-based immigration generally. Those pressures tend to affect traditional artists, arts organizations, and independent creators well before any tension between professional subgroups within the O-1 framework would. Having spent decades representing artists and creators, understanding the intersection of entrepreneurship, artistry, and strategy that defines today’s influencer economy, is vital to the evolution of the O-1B visa category.