"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.
1. The B-1 Visa and ESTA: Useful for Brief Visits, But Not Work
Many influencers enter the US on a B-1 visa or ESTA (both are visitor statuses) to attend brand meetings, take part in unpaid events, or scout partnerships. These are strictly non-employment options. Foreign nationals can’t be paid by a US company or perform work in the US, even if it’s just for content creation, while on a B-1 or ESTA. Some content creators assume that because they’re posting on their own platforms, the rules don’t apply. But if they are creating content for a US brand, being paid by a US entity, or attending events with compensation attached, foreign nationals are entering the territory of unauthorized employment. This can have serious consequences. While the B-1 or ESTA may be sufficient for brief visits, they are not solutions for anyone planning to work or collaborate in a sustained way.
2. The E-2 Visa: For Influencers Who Own a Brand or Business
If foreign nationals have built their own business, whether it’s a production company, creative agency, lifestyle brand, or other entity generating real revenue, the E-2 investor visa may offer a pathway. This option is available to nationals of certain treaty countries who make a substantial investment in a US business they will direct and grow. The business must be more than just a shell, meaning it needs to have a real office, operations, and employees or contractors. For example, if foreign nationals are launching a content production studio in Los Angeles, opening a fashion line, or starting a marketing agency centered on their digital platform, the E-2 can support that. The visa doesn’t require celebrity-level fame or media coverage, but it does require capital investment, job creation and a business plan that makes economic sense. This is a good option where the business will bring across additional employees from the country of investment.
3. The O-1 Visa: For Influencers and Branding Experts with National or International Recognition
The O-1 visa is designed for individuals with “extraordinary ability” in fields including the arts, media, and digital content creation. Many influencers and branding consultants could qualify under this category, particularly those with an established reputation, major partnerships, media exposure, and a strong commercial presence. To qualify, applicants must show that they’ve risen to the top of their field. This can be demonstrated through major brand campaigns, features in leading publications, a large and influential following, significant earnings compared to others in the field, awards, expert roles, or a combination of high-impact work. The standard isn’t about follower count alone; instead it’s about influence, originality, and recognition.
A key feature of the O-1 visa is that the applicant must be sponsored by a US business or agent. They cannot self-petition. A US agency, manager, brand consultant, production company, or other professional entity can serve as the petitioner, often acting as an “agent” for multiple upcoming projects. This allows for a realistic itinerary that reflects how most content creators work: across platforms, clients, and campaigns. For example, a digital strategist who curates branding for multiple US beauty labels, contributes to editorial campaigns, and leads branded content projects may be sponsored by a US creative agency serving as the central point of coordination. This agent or sponsor doesn't need to be exclusive, but they do need to be able to provide deal memos, letters of intent, or other documentation supporting the upcoming work for the foreign national in the US. With the right legal strategy, the O-1 visa offers a powerful tool for creators who have already achieved recognition and are now looking to deepen their US presence.
Choosing the Right Visa: Creative Work, Real Strategy
Ultimately, the right visa depends on where foreign nationals are in their career and what they want to do in the US. If foreign nationals are just visiting, the B-1 may be sufficient. If foreign nationals are building a business, the E-2 can provide long-term flexibility. And if foreign nationals are ready to take their work to the next level and have a body of evidence that illustrates their influence, the O-1 is likely the best path forward.
As immigration attorneys who work with creators, we understand the unique blend of entrepreneurship, artistry, and strategy that goes into a modern influencer’s career. If foreign nationals are ready to bring their work to the US, legally and with confidence, we can help them find the right path.