What USA visa options do digital creators have? 

Digital creators have various options to work in the United States. It depends on the goal, the employment status, and other factors, like family. The three most common visas used by digital creators are the following: 

• E-2 Treaty Investor Visa - For entrepreneurial digital creators that can create US jobs. 
• TN Visa - For employed digital creators that have a background in graphic design. 
• O1B Visa - For exceptional entrepreneurial creators or for artistic digital creators, that have an agent or US employer. 

Below is an overview of the most common visa-types used by digital creators. 

E-2 Visa - Treaty Investor Program 

For entrepreneurial digital creators that can create US jobs. 

Program Requirements: 

• Must be from qualified nationality.
• Positive and significant impact to the US economy (for example, create job opportunities).
• Need to show you will be directing and developing the E-2 business 
• Ownership of at least 50% or have significant operational control through a managerial position.
• An investment is deemed substantial by comparing the total amount invested to the cost of running or establishing the business. 
• Irrevocable commitment
• Funds at risk 
• Will need carefully prepared business plan and explanatory letter - detailing road map, explaining how the funds will be used and why they are substantial 
• The investment (and evidence thereof) needs to be made before applying for the visa. 
• The US company must be real and operational. 
• Importantly, it cannot be a marginal business (aka a business that only supports the investor) because the underlying goal of the program is to create jobs for US workers. 

Investment Amount:

• No minimum investment requirement but must be “substantial”
• Recommended is $100,000+ although lower may be approved 
• Capital investment should be proportionate to the nature of the business. 

Initial work permit duration:

• 5 years, may stay in US for 2 years at a time from time of entry

Visa Caps

• No numerical ceiling

Family members

• Spouse can work under E-2 dependent visa (may work for any company or start his or her own business). 

Approval rates (chances of success)

• High success rate for viable investments and start-ups, USCIS wants to see you are a serious investor who is ready to start working upon receipt of your approval.

Conditions for Work Permit extension of E-2 Visa:

• Must renew every 2 years, no limit on number of extensions 
• Extensions valid for up to 2 years 
• Business must be “substantial” to renew 

Conditions for permanent residence from E-2 Visa:

• Not a direct path to permanent residence although can be renewed perpetually
• E-2 Visa expires as soon as business no-longer functional in the US 
• Possibility of adjusting from E-2 to E-5 (substantially larger investment needed). 

Timelines 

• 6 months + but can pay for expedited processing 
• Application starts at consulate and is two parts: 
• 1) Application to register treaty enterprise as an E-Visa employer 
• 2) Specific visa application 
• A first-time employer sponsor must prove that it qualifies as either
• a treaty trader or treaty investor, following the specific guidelines for that treaty country listed on the U.S. Embassy or Consulate website for that country. The consulate will require several weeks to issue its determination and will usually communicate the decision to the practitioner via facsimile or email.

TN Visa - Transnational Visa Program 

For employed digital creators that have a background in graphic design. 

Program Requirements: 

• Job duties match what is described in the Occupational Outlook Handbook: 
• • Meet with clients or the art director to determine the scope of a project
  • Use digital illustration, photo editing software, and layout software to create designs
  • Create visual elements such as logos, original images, and illustrations to help deliver a message
  • Design layouts, including selection of colors, images, and typefaces
  • Present design concepts to clients or art directors
  • Incorporate changes recommended by clients or art directors into final designs
  • Review designs for errors before printing or publishing them
• Canadian or Mexican nationality 
• Related coursework/ training
• USA employer 

Investment Amount:

• None, however, a US employer is required. 

Initial work permit duration:

• 1-3 years 

Visa Caps

• No numerical ceiling

Family members

• Spouse cannot work on TD status, spouses and children may study 
• Spouse may need to get work visa on their own and may not always have a viable path to employment. 

Approval rates (chances of success)

• High success rate for viable employees with genuine us employer and qualifications. 

Conditions for Work Permit extension of TN Visa:

• Must renew every 1-3 years, no limit on number of extensions 
• Extensions valid for up to 3 years 
• Must maintain ties abroad 

Conditions for permanent residence from TN Visa:

• Not a direct path to permanent residence although can be renewed perpetually
• TN visa requires temporary resident intention 

Timelines 

• Canadian can apply at port of entry and same-day approval 
• Mexicans need to apply with USCIS so longer timeline. 
• Previous denials or inadmissibility may extend timeline. 

O1B Visa - Transnational Visa Program 

For exceptional entrepreneurial creators or for digital creators in the arts and entertainment industry, that have an agent or US employer. 

Program Requirements: 

• Need a US agent or employer. 
• Evidence of extraordinary ability in the field of arts or entertainment by means of distinction.
• Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts. 
• The standard of extraordinary ability in the field of arts is clearly lower than the standard of extraordinary ability for O-1 candidates in the sciences, education, business, or athletics, which is the more familiar “level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor". 

• Petitioners are required to establish only that the O-1 artist is prominent in his or her field of endeavor. Eligibility for O-1 classification in the field of arts is not limited to those aliens who have reached the very top of their professions as is required in the fields of science, business, education, or athletics. 

Investment Amount:

• No investment amount required but need US employer or agent. This often means digital creators invest a lot of time, money and effort into gaining distinction in their field. 

Initial work permit duration:

• 1-3 years 

Visa Caps

• No numerical ceiling

Family members

• Individuals in O-3 status are not permitted to work in the U.S. O-3 dependents may study in the U.S., full-time or part-time, for the duration of the O-3 (and the primary’s O-1) status.

Approval rates (chances of success)

• The USCIS approves around 80 to 95 percent of O-1 visa applicants each year but approval rates can vary depending based on which service center processes the application and the quality of the evidence provided. 

Conditions for Work Permit extension of O1B Visa:

• Must renew every 1-3 years, no limit on number of extensions 
• Requires the same amount of evidence each time 

Conditions for permanent residence from O1B Visa:

• Not a direct path to permanent residence although can be renewed perpetually
• May adjust status to permanent residence based on circumstances 

Timelines 

• Eligible for expedited processing of 15 days by USCIS 

Questions to consider? 

• Do you have an extensive network of people who are familiar with your work that could write testimonial letters for you? Testimonial letters are powerful tools to confirm your achievements and prominence. 
• Is your work well-documented? It is helpful when samples of your work also contain background information (who it’s for, your contributions, purpose, outcome, and other notable collaborations). 
• Is the prominence of your work well-documented? How was your project received by the public, media, peers, and critics? This can include awards, publications, showcases. For example, where is your art sold/ publicized/ showcased?

How can a lawyer help me get a US visa as a digital creator? 

The first step is to schedule a strategy session to discuss your options, eligibility, and any questions you may have about the process. To schedule a strategy session, here's a link to our calendar.