Litwin & Smith, A Law Corporation
Contact Us For A Free
10-Minute Telephone Call
888-344-0892
View Our Practice Areas

YouTube Your Way to the USA

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

Please Contact an Experienced Attorney for additional assistance. Every case is unique. Put more than fifty years of experience to work for you. Contact Litwin & Smith for experienced legal counsel tailored to your immigration needs and the needs of your family or business.

Please visit our Immigration Articles page for a full listing of detailed articles regarding immigration and naturalization law.

No Comments

Leave a comment
Comment Information
  • Experience Icon

    0

    +

    Years Experience

  • Employers Icon

    0

    Employers

  • Countries Icon

    0

    Countries

  • Approval Rating Icon

    0

    %

    Approval Rating

  • ABA Defending Liberty Pursuing Justice
  • Christian Legal Society
  • Avvo | Clients' Choice 2020 | Immigration
  • American Immigration Lawyers Association
  • The Bar Association of San Francisco
  • Federal Bar Association
  • Avvo Clients Choice | Award 2018 | Donald Edward Smith
  • Super Lawyers
  • Best Immigration Lawyers in San Francisco
Email Us For A Response

Schedule A Consultation

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Santa Clara Office
5201 Great America Parkway,
Suite 320
Santa Clara, CA 95054

Toll Free: 888-344-0892
Phone: 650-588-7100
Phone: 408-998-1159
Fax: 650-588-4302
Santa Clara Law Office Map

South San Francisco Office
1435 Huntington Ave, Suite 336
South San Francisco, CA 94080

Toll Free: 888-344-0892
Fax: 650-588-4302
South San Francisco Law Office Map

Map Map
Logo

Phone Numbers