OPINION: O-1 Visas for Influencers

I was recently quoted in an article about O-1B’s for Influencers and their impact on O-1 adjudications in general.  After reading the piece, I don’t think my quote accurately reflects my opinion on the topic and so, I wanted to take this opportunity to clarify my thoughts.

I don’t believe influencers applying for O-1B visas displace musicians, artists, designers, architects, or models within the O-1 category. The classification is not zero sum, and multiple professional profiles can qualify at the same time if they independently meet the legal standard. In practice, I continue to see strong cases approved across traditional arts disciplines alongside newer creator driven fields.

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H-1B Cap Selection Shifts to a Wage-Weighted System Beginning in FY 2027

The Department of Homeland Security (“DHS”) has announced a significant change to how H-1B cap registrations will be selected. A final rule published in the Federal Register on December 29, 2025 revises the long-standing random lottery system used for H-1B cap selection, replacing it with wage-based selection. The rule will take effect on February 27, 2026, and will apply to the Fiscal Year 2027 (“FY2027”) H-1B cap registration season. The lottery selections for FY2027 are made on April 1, 2026.

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Forbes: "The Most Inspiring Immigration Stories Of 2025"

We were recently moved by Stuart Anderson’s article in Forbes “The Most Inspiring Immigration Stories of 2025” which celebrates and shares the stories of immigrants who have shaped American innovation, culture, and opportunity, across science, sports, public service, and everyday life. Together, the stories told by Mr. Anderson illustrate a common theme that cannot be forgotten especially these days when immigration is depicted as a threat to our country. As we are fortunate to experience every day in our practice, when immigrants are given opportunity, they contribute not only to economic growth and scientific advancement, but to the character, creativity, and resilience of the United States itself. As a country founded by immigrants we must champion the contributions made by those who have emigrated in search of the American Dream.

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Trump Expands Travel Ban

On December 16,  2025, President Trump executed a Presidential Proclamation expanding administration’s full and partial suspensions of immigrant and nonimmigrant visa issuance announced this past June  to an additional twenty countries and the Palestinian Authority. With this expansion, there are now more than 35 countries subject to US travel restrictions. The new travel ban will be effective as of January 1, 2026.

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Trump Administration’s Gold Card Program is Live

On December 10, 2025, the Trump Administration rolled out President Trump’s Gold Card program, and the official website is now live and accepting applications. Under the published framework, applicants are required to pay a $15,000 nonrefundable fee for themselves to “unlock life in America”. Individuals who wish to include dependents must pay an additional $15,000 for each qualifying dependent. Upon receipt and processing of this payment, applicants are instructed to submit Form I-140G to USCIS in order to initiate the government’s vetting and background check process. Following the completion of background checks, applicants who are approved must then pay a further contribution of $1 million for individual applicants, or $2 million for those sponsored by a corporate entity.

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Trump Administration Pauses Immigration Applications for Travelers From Restricted Countries

On December 2, 2025, United States Citizenship and Immigration Services (“USCIS”) paused processing of several types of immigration applications, including asylum, green cards, and citizenship requests,  for individuals from 19 countries previously restricted under the administration’s updated travel policies while USCIS conducts additional security reviews. The decision comes after an Afghan national, who had been granted humanitarian parole into the United States based on his work with CIA counterterrorism unit in Afghanistan after the fall of Kabul, and subsequently granted asylum in April 2025, under the Trump administration, was identified as the  November 26th shooter in Washington, D.C., that killed one National Guard member and left another in critical condition.

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When the H-1B Is Out of Reach: Hiring Skilled Workers Without the $100,000 Fee

Small businesses that rely on specialized talent have long turned to the H-1B visa as the primary route to hire foreign professionals. The new requirement that employers pay a $100,000 fee for many H-1B cases filed after September 21, 2025 has changed that calculation. For large corporations, this new cost may be absorbable but for startups, boutique firms, local clinics, research labs, engineering shops, technology innovators, and other small employers, the fee can make the H-1B category functionally unavailable. Many employers who would ordinarily pursue H-1B sponsorship are now searching for realistic alternatives. This shift does not eliminate the possibility of hiring foreign talent. It does require creative, early planning to determine whether another visa classification aligns with the company’s needs and the candidate’s background. The goal is to match the role, the qualifications, and the business structure to a category that supports employment without triggering the $100,000 H-1B entry fee.

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