Visa Options for Social Media Influencers and Content Creators

I remember when I first downloaded Instagram on my iPhone. Like many others, I instantly fell in love with the app. Even if I was in my office in Manhattan on a freezing cold gray winter day, with Instagram I could be transported to a new restaurant in Mexico City, an art exhibit in Buenos Aires, or an oceanside bungalow in the Maldives (preferably sipping a delicious beverage). Sure, not all the photos in my feed were so glamorous or exciting—I still got plenty of food photos from my friends and family (looks delicious, mom!)—but, as trite as it sounds, Instagram opened a whole world of sights, people, and experiences (not to mention memes).

And thanks to Instagram and other social media platforms, we have influencers and content creators, two professions that have always existed in some form but not quite in the same powerful way as they do now. In this post, we’ll discuss US visa options for social media influencers and content creators looking to expand their horizons to the US. As always, this is a general post for informational purposes only. Any influencer or content creator should DM aka consult a qualified immigration attorney to discuss their specific situation.

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Can I Freelance on My Nonimmigrant Visa? Limitations and Opportunities in the US Immigration System

It is more and more common for people to want to structure their careers free from the ties of a standard employer/employee relationship. What used to be the standard nine-to-five job with the same employer is becoming less and less suited to the new ways that people work. For many people who work in the arts especially, working on projects for multiple employers is the best way to structure their work. However, doing myriad projects for multiple clients or employers can be challenging under the current immigration system and visa structures. While the US has a clear interest in protecting US workers and ensuring foreign nationals do not come to the US without actual work lined up, the immigration system fails to properly allow for the increasing trend of people working under a freelance model.

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US State Department Significantly Increases Reciprocity Fees for Australian Nationals in Certain Visa Categories

Effective December 23, 2019, the Department of State (DOS) adjusted the reciprocity schedule for Australia for certain nonimmigrant visa categories. This change in the reciprocity schedule is a result of Executive Order 13780 (“Protecting the Nation from Foreign Terrorist Entry into the United States”), signed by President Trump in March 2017, that required the DOS to undertake a worldwide review of nonimmigrant visa reciprocity agreements and arrangements to ensure that US nationals receive “reciprocal treatment in terms of validities and fees as that afforded to host country nationals, as required by US law.”

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USCIS: Israeli Nationals Now Eligible for E-2 Treaty Investor Visas

US Citizenship & Immigration Services (USCIS)  announced that effective May 1, 2019, eligible Israeli nationals already in the US in a lawful nonimmigrant status (along with spouses and unmarried children under twenty-one-years of age) can file to request a change of status to E-2 status.

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Immigration and Beignets: Highlights of the AILA Annual Conference June 2017

Last week, I attended my very first American Immigration Lawyers Association (AILA) annual conference. Lucky for me, it was in New Orleans, a city I have long wanted to visit. Protima and I had a great time touring the city, eating delicious food, and, oh yes, learning about immigration law! Being an AILA conference beginner, there was a lot to take in—four full days of panels was both exciting and exhausting. Here are some highlights of the experience.

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Visa Options for Entrepreneurs

Sometimes US immigration law doesn’t provide clear visa options for people looking to work in America. These individuals are daunted by the process, and as attorneys we often feel like we are trying to fit a round peg into a square hole. But at other times, thankfully, there is more than one option for a client and so it’s our job to talk them through the choices to see which is the overall best fit. This can happen, in particular, with some entrepreneurs who are interested in opening up their own business in the US. 

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Visas for Architects: 5 Common Issues

The world is full of many talented artists—including those who design our public and private spaces. Often these talented artists want to come to the US to work in the numerous architectural firms that do business in the US. So, what visas do architects typically have?

H-1B: Probably the most common visa type for architects is the H-1B specialty occupation visa. As architects will most likely have at the very least a bachelor's degree, an H-1B may be the logical first choice; however, with the numerical limits of this visa type, the H1-B may not be possible.      

E-3: Since architects are generally recognized as “specialty occupations” it is likely they will also be eligible for an E-3 visa if they are Australian.  

TN: Since “architect” is one of the professions allowed to apply for a TN visa, architects who are nationals of Canada or Mexico could be eligible for this visa category.

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