"A US brand offered me a six-month contract, but my tourist visa doesn’t let me work. What are my options?"
This is one of the most common questions we hear from content creators and digital branding experts who are expanding their work internationally. Whether foreign nationals are landing major brand deals, launching their own label, or simply trying to grow their audience in the US, immigration rules can feel like a confusing roadblock. The reality is that there is no visa category labeled “influencer” but that doesn’t mean US immigration law doesn’t have options for foreign nationals. In fact, there are several. Some visas are designed for short visits or business meetings, others for entrepreneurs who want to open a company, and still others for those who have built a career that meets the legal definition of “extraordinary.” Choosing the right visa is a critical first step if foreign nationals are serious about working, growing, and collaborating in the US legally.
Read moreThe first time I tried ChatGPT in action, I was impressed. While I would never use it to write a legal brief we have found lots of uses in our practice that save time and increase efficiencies. Of course, we all use AI technologies on a daily basis from opening our phones with our faces to getting directions and traffic updates to asking digital voice assistants what song is playing. The potential impact of AI technologies is huge, and not just for procrastinating students trying to get that essay written for school.
As with all technological advancements, innovators and entrepreneurs are leading the way, whether as highly skilled researchers involved in the creation or refinement of the AI technology, or as entrepreneurs adapting the technology in a new way to an old industry. In this post, we discuss one of the best visa options—the O-1 visa—for those AI innovators and entrepreneurs who want to live and work in the US.
Read moreWe originally published this post back in 2013 (as 5 misconceptions), and it has consistently ranked as one of our most read posts. And for good reason: the O-1 visa category is one of the most popular, especially for those who work in the arts, design, and film and television (although, as we discuss below, the O-1 can be a good option for all sorts of professions and industries). Since it’s been a number of years, we wanted to add some updates and clarifications and, yes, a few more misconceptions that often come up for foreign nationals who already have an O-1 or are interested in obtaining this visa type . - Protima
1. The O-1 is a “freelance” visa
There is no such thing as a “freelance” work visa in the United States. With very few exceptions, nearly every work visa in the US must be sponsored by a legal and operating US company or agency.
Read moreOne of the most common visa types our law firm prepares is the O-1 for individuals with extraordinary ability or achievement. The O-1 is a temporary work visa granted in three-year increments with one-year extensions—allowing individuals of extraordinary ability to work in the United States for a single employer or sponsor. We’ve written a great deal about the O-1, from highlighting common misconceptions to imagining an O-1 consultation with a certain undersea character; however, one common misconception we have not spent a lot of time correcting is the assumption that O-1 visas are only for “artists.” While many artists are covered under this visa category, the defining characteristic of the O-1 is actually “extraordinary ability,” a distinction that can be made in nearly any field or industry.
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