(UNITED STATES) — U.S. Citizenship and Immigration Services issued updated guidance that has helped drive a sharp rise in O-1 visas for digital content creators, including OnlyFans creators, by treating online performance metrics as evidence of “extraordinary ability” and clarifying how creator-owned companies can sponsor applicants.
The shift was formalized on January 8, 2025, when USCIS released a Policy Alert, PA-2025-02, updating its Policy Manual, Vol. 2, Part M, with examples tailored to “evolving industries,” including digital media and emerging technologies.

“The updated guidance clarifies that a separate legal entity owned by the beneficiary. may file a petition. [and] adds examples of relevant evidence. showing digital achievements and modern field acknowledgment,” the USCIS Policy Manual statement dated Jan 8, 2025 said.
What changed in the guidance
- USCIS explicitly recognized that online performance metrics (earnings, subscribers, followers, media coverage) can be relevant evidence of extraordinary ability.
- The update confirmed that a beneficiary-owned entity (for example, an LLC or corporation owned by the creator) may file a petition on the individual’s behalf if there is appropriate oversight (such as a board of directors).
- The Policy Manual added examples of comparable evidence, allowing alternatives where traditional awards or guild recognition do not exist in a field.
“The risk. is that immigration officers treat evidence—such as a decent social media following—as evidence that the beneficiary is ‘outstanding, leading or renowned’ when. [it is] merely evidence of simply above-average talent.”
— Former USCIS Senior Advisor Elizabeth Jacobs, 2025
How comparable evidence is being used
Under the updated comparable evidence framework, creators can submit modern, field-relevant documentation when legacy markers are unavailable. Examples include:
- Commercial success indicators
- Subscription revenue (including verified earnings)
- Brand deals and sponsorship income
- High salary evidence
- Audience and engagement metrics
- Verified follower counts
- Subscriber metrics and “likes”
- Platform analytics
- Third-party recognition
- Press features and profiles in major digital or print publications
- Media coverage and industry acknowledgement
Immigration attorneys have cited cases where significant revenue played a central role—for example, OnlyFans creators with $250,000 per month in revenue meeting the high salary and commercial success criteria for the O-1B (Arts) category.
Sponsorship and business structure
USCIS addressed a practical hurdle for independent creators by confirming that self-sponsorship through a beneficiary-owned entity is permissible when proper corporate oversight is documented. This is particularly relevant because many digital creators:
- Operate through entities that manage brand deals, production, and staffing
- Need petitions filed by a functioning organization rather than a conventional employer
Visa issuance trends (2020–2024)
The materials show a marked increase in overall O-1 issuance after the COVID-19 pandemic. Department of State and USCIS reports provide the public data points cited:
| Fiscal Year | O-1A/B Visas Issued |
|---|---|
| FY 2020 | 8,838 |
| FY 2021 | 7,933 (Pandemic dip) |
| FY 2022 | 18,994 |
| FY 2023 | 19,892 |
| FY 2024 | ~20,000 (O-1B specifically) |
- The O-1 category’s expansion is linked to broader reassessment of how top talent is identified, with digital creators increasingly seen as fitting standards once associated with celebrities and elite artists.
- The O-1 is often referred to in the materials as the “Genius Visa”, and some applicants use it as an alternative to the H-1B (which is subject to a lottery).
Comparisons with H-1B and policy context
- Materials describe H-1B fee increases and note reports claiming fees could reach $100,000 for certain categories under proposed policy changes.
- USCIS also highlighted H-1B system changes in a Dec 23, 2025 item titled “H-1B Selection Process Modernization (Dec 23, 2025)” in its newsroom.
These comparisons have helped position O-1 petitions as an attractive option for certain creators and representatives.
Benefits and limits of the O-1 pathway
Benefits highlighted in the materials:
- Three-year, indefinitely renewable status in the U.S.
- Not subject to annual visa caps, unlike other categories
- Ability to rely on commercial and digital-era evidence where traditional awards are absent
Important limits and concerns:
- The O-1’s legal standard—sustained national or international acclaim—remains unchanged.
- The central adjudicative judgment is whether digital prominence and revenue demonstrate the sustained acclaim the statute requires.
- There are concerns that reliance on “scroll metrics” (likes, followers) may disadvantage traditional artists who lack large online footprints but possess high-level technical skill:
- The materials describe “growing concern that the shift toward ‘scroll metrics’ (likes and subscribers) may disadvantage traditional artists who lack massive social media footprints but possess high-level technical skill.”
Practical effects and attorney practices
- The update has normalized evidence packages built around:
- Platform analytics
- Revenue statements
- Brand partnerships
- Third-party media coverage
- Attorneys have used detailed financial records from subscription-based businesses to support high salary and commercial success arguments in O-1B filings.
- USCIS’ guidance explicitly frames these examples as relevant to evolving industries, a category broad enough to include influencers, adult creators, and other digital professionals whose acclaim is documented primarily online.
Documentation and sources
The policy change is documented in USCIS’ Policy Manual and the Policy Alert PA-2025-02, while overall visa totals appear in Department of State reporting and USCIS Data Insight Reports.
- USCIS Policy Manual reference: USCIS Policy Manual
- Department of State visa statistics: Department of State Nonimmigrant Visa Statistics
- USCIS newsroom item: USCIS Newsroom: H-1B Selection Process Modernization (Dec 23, 2025)
- USCIS Policy Alert (PA-2025-02): USCIS Policy Alert (PA-2025-02)
- USCIS Policy Manual statement dated Jan 8, 2025: USCIS Policy Manual
Key takeaway
USCIS’ January 2025 update expanded the types of evidence adjudicators may consider for O-1 petitions to better reflect digital-era careers, while retaining the statutory standard of extraordinary ability. The change has coincided with a notable rise in O-1 issuance and has reshaped how creators and attorneys assemble evidence—centered more often on verified platform data, revenue documentation, and media recognition—though questions remain about how well online metrics map to the longstanding legal criteria.
USCIS policy now recognizes digital achievements, such as subscriber counts and platform revenue, as valid evidence for O-1 visas. This update specifically benefits content creators, allowing for self-sponsorship through personal business entities. While visa issuance is trending upward, the change sparks debate over whether digital popularity equates to extraordinary ability, emphasizing the need for verified financial data and third-party media recognition in applications.
