US O-1 visa: How digital creators qualify for America's 'genius visa'

From online reach to earnings data, immigration lawyers say the creator economy is reshaping how the O-1 visa is assessed

The O-1 visa is often described as America’s “genius visa”, reserved for people with extraordinary ability in fields such as science, education, business, athletics and the arts. In recent years, however, reporting by the Financial Times shows a growing number of adult film performers and digital creators, including those on OnlyFans, successfully qualifying for it. Visa filings and immigration lawyers reviewed by the paper suggest the trend is challenging long-held assumptions about who the visa is meant for, and it has sparked debate both online and within immigration circles.

 

“The definition of ‘extraordinary ability’ under the O-1 visa is quietly changing,” wrote immigration expert Nikin Tharan in a post on X.

 

 

“Traditionally, artists had to prove distinction through exhibitions, press coverage, recommendation letters, and future contracts,” he wrote. “Today, attorneys say similar standards are being interpreted through online reach and commercial impact. Brand endorsements, paid collaborations, and high engagement are increasingly being used as evidence of success.”

 

Tharan also pointed to the visa’s origins. “It is worth remembering that the O-1 visa was created to protect exceptional talent, famously used to defend John Lennon in the 1970s,” he wrote. “The question now is how the system defines ‘exceptional’ in a digital-first world.”

 

What OnlyFans is and how it works

 

OnlyFans is a subscription-based social media platform where creators share exclusive content directly with paying fans. This can include photos, videos and live streams. Creators earn through monthly subscriptions, tips and pay-per-view content, while the platform takes a 20% cut.

 

Although widely associated with adult content, the platform is also used by fitness trainers, musicians, chefs and other professionals who monetise their work directly from their audience, bypassing traditional advertising models and app store fees.

 

What the O-1 visa actually requires

 

The O-1 visa is governed by standards set by US Citizenship and Immigration Services. Applicants must show “extraordinary ability” demonstrated through sustained national or international acclaim. For artists and entertainers, this does not mean academic brilliance, but distinction at the very top of their field.

 

USCIS allows applicants to qualify by meeting at least three criteria, or by submitting comparable evidence. These include:

 

Major awards

High earnings

Critical recognition

Leading roles in distinguished productions

Press coverage

Strong expert recommendation letters

 

The law does not specify which artistic fields are acceptable. Adult entertainment is not excluded under the current rules.

 

How adult performers meet the criteria

 

Immigration attorneys say successful applicants usually frame their work as digital media or performance-based careers rather than focusing on explicit content. Cases are built around measurable success.

 

Evidence often includes verified social media followings in the millions, subscription revenue data from platforms, appearances in top-ranking productions, industry awards, media interviews and contracts showing earnings well above industry averages. Expert letters from producers, directors and digital media executives are used to show that the applicant holds a leading position in a highly competitive global market.

 

The O-1 visa is split into two main categories:

 

• O-1A covers science, education, business and athletics

• O-1B applies to the arts, motion picture and television industry

 

The visa has no annual cap. It allows holders to work for more than one employer at the same time and does not require a specific educational qualification. The initial stay can be up to three years, with extensions granted in one-year periods.

 

Why approvals have risen

 

Immigration lawyers point to several reasons behind the increase in approvals for adult performers. The creator economy has made income, audience size and engagement easier to document, offering concrete data that immigration officers can assess. At the same time, traditional work visas such as the H-1B are not available to performers, leaving the O-1 as one of the few legal pathways.

 

Geography also plays a role. Many adult performers are based outside the United States but work with American studios, platforms and marketing agencies. The O-1 allows them to live and work in the country without relying on short-term tourist visas, which carry legal risks.

 

The approvals comply with existing immigration rules, but they continue to divide opinion. Critics argue that the “extraordinary ability” threshold was meant for rare, elite achievement rather than commercial popularity.