Our firm has fielded many inquiries regarding work as a YouTube Creator and employment-based petitions and employment authorization. This article summarizes these inquiries.
What is YouTube and What Does it mean to be a YouTube Creator?
YouTube is an American online video-sharing platform headquartered in San Bruno, California that allows users to upload, view, rate, share, add to playlists, report, comment on videos, and subscribe to other users. YouTube is the second-most popular website in the world, behind Google advertising revenue, YouTube is estimated to have $15 billion in annual revenues.
While media corporations including CBS, the BBC, Vevo, and Hulu offer their material via YouTube. YouTube, with over one billion hours of content being watched on YouTube every day, is primarily dependent on YouTube Creators for its content.
YouTube Creators upload over 500 hours of content to YouTube each minute. To benefit from their content. YouTube creators earn advertising revenue from Google AdSense at 55% of every dollar paid by advertisers. This means the average YouTube creator can expect to receive an average of $4.18 per 1,000 views from ads on a new video on their channel.
Does YouTube Creation Require Work Authorization?
The performance of any service or labor for an employer within the US without work authorization can be considered unauthorized employment. An individual that accepts employment without authorization or who exceeds the scope of their employment authorization is barred from adjusting status.
Earning income through YouTube monetization without proper work authorization can be considered work without authorization and a bar to adjusting status. The following visas will provide the required work authorization to a YouTube personality.
What is O-1 Extraordinary Ability in the Arts visa and how does being a YouTube Personality Qualify me?
Extraordinary ability in the field of arts means a high level of achievement in the field of the arts as evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that the beneficiary is considered prominent, renowned, leading, or well-known in the field of arts.
This is demonstrated through affidavits, contracts, awards, and similar documentation reflecting the nature of your artistic abilities (skill, talent, creativity) as a YouTube personality.
What is O-1 Extraordinary Achievement in MPTV visa and how does being a YouTube Personality Qualify me?
To qualify for an O-1 visa in the motion picture or television industry (MPTV), you must demonstrate your extraordinary achievement as evidenced by your degree of skill and recognition as outstanding, notable or leading in the motion picture and/or television field.
This is demonstrated through affidavits, contracts, awards, and similar documentation reflecting the nature of your extraordinary achievements (views, subscribers, earnings) as a YouTube personality.
What is EB-2 visa and how does being a YouTube Personality Qualify me?
You must possess an advanced degree or be able to show a degree of expertise significantly above that ordinarily encountered in the arts as demonstrated by your possession of a degree related to your YouTube content and (1) evidence that you have commanded a salary (2) your recognition for your achievements and significant contributions to YouTube, and other comparable evidence.
What is EB-1A visa and how does being a YouTube Personality Qualify me?
To qualify for an EB-1A visa you must be able to demonstrate your extraordinary ability in the arts through sustained national or international acclaim as evidence by 3 of the following:
- Your receipt of lesser nationally or internationally recognized prizes or awards for excellence
- Your membership in associations in your field that demand outstanding achievement of their members
- The publication of material about you in major media
- Your role as a judge of the work of others in the field, either individually or on a panel
- Your original artistic contributions of major significance to the MPTV field
- Your work has been displayed at artistic exhibitions or showcases
- Your performance of a leading or critical role in distinguished organizations
- You high salary in relation to others in the field
- Your commercial successes in the performing arts
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