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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Employment Authorization Documents Based on Compelling Circumstances

On June 14, 2023, United States Citizenship and Immigration Services (“USCIS”) announced new policy guidance has been added to its Policy Manual addressing the eligibility criteria for the issuance of employment authorization documents in compelling circumstances. Classified as those circumstances  which are “beyond the usual hardship associated with job loss”,  Volume 10 of the USCIS Policy Manual, details what foreign nationals must show in order to be eligible for an initial Employment Authorization Document (“EAD”) based on compelling circumstances.

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Do I Need an Immigration Attorney?

Many people ask themselves this question when considering applying for work visas, Green Cards, or other immigration benefits. At first glance the immigration forms and instructions on the US Citizenship and Immigration Services’ (USCIS) website seem relatively straightforward. Some even may have heard stories from friends or colleagues who successfully applied without hiring a lawyer. In this post, we consider different kinds of immigration benefits (along with more complicated deportation cases) and the reasons why one may wish to hire an attorney to assist them in the process.

Of course, as a lawyer working for a boutique immigration law firm, I’m biased; however, I also write from the perspective of a lawyer who has seen what happens when applicants attempt to apply pro se (without legal representation) for cases that are far from as simple as they seem. In a separate future post, we will discuss the dangers of hiring an “Immigration Consultant” or “Notario” and also the unique ethical obligations of attorneys.

First, let’s be clear: There is no legal requirement to be represented by a lawyer in immigration petitions and applications. A petition or application filed pro se will not automatically be rejected by a USCIS Service Center simply because it was not prepared by an attorney. Such petitions or applications will be subject to the same review and adjudication process that others filed by attorneys go through.

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