A little-known visa for “extraordinary ability” is drawing renewed scrutiny as influencers and adult content creators increasingly qualify for entry into the United States.
What is the O-1 visa?
The O-1 nonimmigrant visa, created under the Immigration Act of 1990, is designed for individuals who can demonstrate “extraordinary ability” in fields such as science, business, athletics, or the arts, according to the Department of Homeland Security website.
The visa is divided into categories, including O-1A for sciences, athletics, education, and business, and O-1B for arts and entertainment. Applicants must show sustained national or international acclaim and typically provide evidence such as awards, media coverage, or high earnings.
Unlike many other work visas, O-1 recipients must have a U.S. employer or agent petition on their behalf, though that structure can include arrangements where founders work for companies they help create.
Benefits of the program
The O-1 visa offers several advantages for workers compared to more common employment visas, such as the H-1 B visa.
It is not subject to an annual cap or lottery system, allowing applicants to apply year-round. It also lacks strict degree requirements and can be extended indefinitely in one-year increments after the initial three-year period.
The O-1 visa has two attendant visas, the O-2 and O-3. The O-2 visa can be used to support staff who may assist the O-1 visa holder with a specific project. Spouses or children of O-1 and O-2 visa holders can hold the O-3 visa.
In practice, this means that a movie star from another country could come to the U.S. on an O-1 visa and bring his family, plus his publicist and her family.
| Visa Symbol/Class | Description | 2020 | 2021 | 2022 | 2023 | 2024 |
|---|---|---|---|---|---|---|
| 0-1 | Person with extraordinary ability in the sciences, art, education, business, or athletics | 8,838 | 7,294 | 19,102 | 18,994 | 19,457 |
| 0-2 | Person accompanying and assisting in the artistic or athletic performance by 0-1 | 3,919 | 2,870 | 11,586 | 13,335 | 13,922 |
| 0-3 | Spouse or child of 0-1 or 0-2 | 2,658 | 2,838 | 6,234 | 6,453 | 6,035 |
*This table is drawn from data reported by the Department of State
Recent federal data show O-1 visa issuances rising, with nearly 20,000 granted in 2024, though still far fewer than H-1B visas.
Abuse: Porn stars and influencers
A growing number of social media influencers and adult content creators, including those on platforms like OnlyFans, are qualifying for O-1B visas by framing their online popularity as evidence of “extraordinary ability,” according to a recent report from the Financial Times.
Attorneys cited in the report say follower counts, subscriber revenue, and brand endorsements can be used to meet visa criteria, with some noting that influencers now make up more than half of their O-1 clientele.
“We have scenarios where people who should never have been approved are getting approved for O-1s,” Protima Daryanani of Daryanani Law Group, a firm that handles immigration, told the Financial Times. “It’s been watered down because people are just meeting the categories.”
It is unclear if this is what Congress intended when it created the O-1 visa more than 30 years ago. The legislative history of the 1990 Act does not indicate that Congress explicitly contemplated adult entertainment creators when designing the category, even though such applicants may fall within the statutory language.
Instead, the visa was envisioned for individuals at the very top of traditional fields such as arts, sciences, and athletics.
How adult creators qualify
Adult content creators can qualify under the O-1B “arts” category, which requires a showing of “distinction,” defined as a high level of achievement and recognition.
In practice, this can include:
- Large and sustained social media followings
- Significant income relative to peers
- Media coverage or public recognition
- Commercial success through subscriptions or endorsements
Because the criteria are flexible and often subjective, attorneys can assemble petitions arguing that digital creators meet the standard of being prominent or well-known in their field, according to the Financial Times.
Fraud and oversight concerns
Concerns about fraud and lax oversight have persisted for years.
A 2016 Department of Homeland Security report to Congress showed low rates of fraud denial for O-1 petitions, raising questions about enforcement. Meanwhile, lawmakers have warned that the system relies heavily on applicant-submitted documentation.
In a 2018 letter, Senator Charles Grassley cautioned that the visa “is easily exploitable” and flagged the risk that it could become a workaround for other visa restrictions.
Separately, a Senate report warned that adjudication of O-1B and O-2 petitions “lacks a robust mechanism to verify the authenticity and/or accuracy of petitions” and may be “unintentionally open to instances of fraud and abuse.”
Labor issues and union concerns
Labor groups have also raised concerns about potential impacts on U.S. workers, particularly in entertainment and production roles.
In a 2019 letter responding to unions, including AFL-CIO affiliates, U.S. Citizenship and Immigration Services acknowledged that it had reviewed cases involving negative advisory opinions from labor organizations. The agency letter said it had implemented additional oversight, including requiring senior officers to review such cases.
Still, the system lacks a labor market test or prevailing wage requirement, unlike the H-1B program, potentially allowing foreign workers to compete with domestic labor under less stringent conditions.
The H-1B alternative
Some increasingly view the O-1 visa as an alternative to the H-1B program, which is capped and subject to a lottery.
Grassley warned that companies and applicants may shift to the O-1 category as H-1B restrictions tighten, noting that some firms have marketed the visa as a workaround.
The Dallas Express previously reported that immigration consultancies are advertising the O-1 as a way to bypass H-1B hurdles, promoting it as a more flexible pathway into the U.S. workforce.
Unlike the H-1B, the O-1 has no numerical limit, fewer structural restrictions, and greater reliance on subjective evaluations of merit.
A program under pressure
Supporters argue the O-1 visa remains a vital tool for attracting top global talent. The Grape Law firm’s legal blog says the O-1 visa is “enriching” the U.S. and attracts celebrities such as Justin Bieber and Lionel Messi.
Critics, including many labor unions, say the program needs reform. However, only a few reform bills have been introduced, and most, such as the O-VISA Act (2015), which aimed to increase transparency in the O-1 visa process, failed to pass.
