> The O-1 category includes the O-1A, which is designated for individuals with extraordinary ability in the sciences, education, business or athletics and the O-1B, reserved for those with “extraordinary ability or achievement”.
Then later it says
> The O-1B visa, once reserved for Hollywood titans and superstar musicians, has evolved over the years.
I understand those two aren't necessarily contradictory, but the wording of the first sentence paints a very different mental picture than the second one (at least it did for me), especially since they throw in the O-1A and then almost exclusively talk about people applying for the O-1B after that.
Personally, I don't want the US choosing to give visas to influencers over scientists, but if this visa was already being heavily used to bring in actors, musicians, and athletes I don't see what the hubbub is about. I don't use TikTok or OnlyFans and I don't find e-sports entertaining, but I have a hard time arguing that a screen actor, Victoria's Secret model, or soccer player should be worthy of a visa and a social media star, OnlyFans model, or a professional Counter Strike player shouldn't is not. It's all just entertainment.
https://www.pathlawgroup.com/o1b-visa-requirements/
For all other candidates, at least three of the following criteria must be met in order to qualify for the O1B visa:
Having been or will be performing a lead or starring role in productions or events which have a distinguished national or international reputation (as evidenced by critical reviews, advertisements, press releases, publications contracts, or endorsements)
Critical reviews or other published material in professional or major trade publications or in the major media by or about the applicant which show that the applicant has achieved national or international recognition or achievements
Evidence of performance in a lead, starring or critical role for organizations or establishments with distinguished reputations
Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
Evidence of significant recognition for achievements from organizations, government agencies, or other recognized experts in the field
Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others
Other comparable evidence (This category is not available for those in the motion picture industry)
For traditional arts, you've gotta be good.For an influencer... some number of anonymous followers?
There are certainly some that would qualify... but it they should be held to the same standards as others.
Their visa application content is rather silly/absurd:
https://www.tiktok.com/@boy.throb/video/7572273147743980831
- Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
- Evidence of significant recognition for achievements from organizations, government agencies, or other recognized experts in the field
- Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others
You might be shocked to find out how much the performers being written about in magazines or discussed on TV shows is a direct line to the production company promoting them. Similar for awards.
> > advertisements, press releases, publications contracts, or endorsements
> > box office receipts or record, cassette, compact disk, or video sales
> > Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others
I fail to see the distinction you are trying to draw. Commercial value and celebrity has always been one of the metrics of "achievement".
The overall gist is that the visa application should be someone who is not easily replaced by an existing local worker that can generate similar value.
8 CFR 214.2(o)(3) ( https://www.ecfr.gov/current/title-8/part-214/section-214.2#... )
Extraordinary ability in the field of arts means 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.
Extraordinary ability in the field of science, education, business, or athletics means a 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.
Extraordinary achievement with respect to motion picture and television productions, as commonly defined in the industry, means a very high level of accomplishment in the motion picture or television industry evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent that the person is recognized as outstanding, notable, or leading in the motion picture or television field.
The key is that this is extraordinary. About 20,000 O1B visas across all fields ( https://www.passright.com/how-many-o-1-visas-are-issued-each... )This isn't a local worker thing (the H visas) but rather bringing the best and brightest from across the world to the United States.
https://www.hio.harvard.edu/o-1-visa-individuals-extraordina...
> The O-1 visa is a temporary work visa designated for individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics, or individuals who have demonstrated a record of extraordinary achievement in the motion picture and television industries.
> O-1 Extraordinary Ability visa status is reserved for those who are among the small percentage of experts who have risen to the top of their field. The approval of an O-1 petition by the United States Citizenship & Immigration Services (USCIS) decides whether an individual qualifies for O-1 classification. This classification requires a substantial amount of evidence. The O-1 is a very complicated visa category subject to high levels of scrutiny by the U.S. government. Due to the complexity, the O-1 visa is used very infrequently.
You say "We should encourage X over Y" and the retorts are
* "Y will still exist"
* "Y can still be encouraged separately"
* "You should tell me the difference between X and Y"
* "Hey, I found an X that sometimes acts vaguely similar to Y!"
None directly disagree with the original point, but they do imply fault in the original reasoning without providing any proof or requiring any effort.The third one is a classic. A concise implication of error in which a good-faith response would be long-winded and boring comparatively.
To what end?
What are they hoping to get out of disagreeing with someone trying to encouraging our future culture to be one of relative wholesomeness?
... Why take the time out of one's day to say "well... encouraging X is great and all but you know what's better? passive-aggressively working against anyone that suggests it."?
The original poster was clearly not making an analogy between professional soccer and only fans creators.
To be explicit, the comparisons were:
Cinematic actors -> TikTok creators
Victoria’s Secret model -> only fans creator
Pro soccer -> esports
I fail to see how the culture of our country will be negatively impacted by any of those changes. Comparing Cristiano Renaldo to OnlyFans is a straw man because that specific comparison was never suggested, except by the “rebuttal”
Also, it’s going to take more than a few thousand immigrants a year to affect the culture of a country as populous as America.
When someone describes themselves as an "influencer", it is entirely appropriate to ask what sort of influence they're having, and whether we want that.
It would be unwise to filter out the fun people. We'd all become a bunch of unfun nerds.
...are a member of scholarly/professional organizations;
...have published original research works scientifically and internationally (peer reviewed publications);
...that you have judged the work of others (supervised and/or examined Ph.D. candidates);
...that you have consulted to governments;
...that you have repeatedly been invited as guest speaker at conferences, trade fairs or universities;
...that you won major international scholarships and awards (e.g. best paper awards at conferences, Masters's/doctoral scholarships from prestigious universities like Oxford, Cambridge, Harvard or MIT;
...that three referees that are themselves O-1 level equivalents deem you worthy of receiving O-1 status;
...that you are a named inventor on patent applications and granted patents;
...that you have received media coverage;
...that you abilities are reflected in higher than typical compensation/salary/remuneration;
...that you won major international scholarships and awards (e.g. best paper awards at conferences, Masters's/doctoral scholarships from prestigious universities like Oxford, Cambridge, Harvard or MIT; or
...that you have published significant works (i.e., works that created impact through citations, business creation, or software systems using the methods described therein).
Usually, from an official ist similar to the above (which I re-wrote from memory here), three out of nine or so checkboxes is the lowest bar for an O-1, and if you tick all of them and work with a specialist law firm, then it should be a slam dunk; my O-1 took about six months from application to grant back in 2008 (no payments of any "expediting fees" if they exist were made as far as I know).
Dial M for Melania.
that's why they accept so much, the circulation of money would bring an enormous currency more than "traditional" job ever could
There's a reason why Hollywood became the Earth's center of cultural gravity post-WW2, https://goldenglobes.com/articles/exiles-and-emigres-hollywo...
You may argue that these people aren't of such import, but I would beg to differ. This is the future of culture. These people shape the culture that the young people around you consume. They create the memes of six-seven-ification.
I watched the Mr. Beast episode of David Letterman's show, and I had no expectations but figured he must have some charisma as the most watched youtube person. He was unable to explain basic concepts, had no self-awareness, and generally seemed detached from any sort of reality. It was shocking to think that is who is shaping young peoples minds.
Hollywood took a bribe from the tobacco industry to make smoking "cool" and infect our nation with cigarettes.
> have little self-awareness
https://www.youtube.com/watch?v=_mpUxn7NybY : "A big opportunity for us is that there are no gatekeepers. There's no one I have to convince to let me do things."
:-)
I think the whole world took up smoking because of Hollywood.
The reason why Hollywood even exists is because it was a way of escaping the enforcement of patents and royalties. And it is easy being the cultural center of the western world when everything other cultural-relevant city in the western hemisphere is somewhat in ruins. Other than that, the lettering is a racist monument of a bygone era.
> You may argue that these people aren't of such import, but I would beg to differ
I'm not a US citizen, but lets face it - there is some irony in seeing some scientists fleeing for abroad offers, some probably deported, and having influencers or glorified strippers benefiting from some ill-thought program.
> These people shape the culture that the young people around you consume.
Do you have kids? I do. People don't give 2 f** about Hollywood or their "stars". Maybe in america. We have our own clowns here, and 15 minutes of fame doesn't require being predated on by some director (thankfully). My daughter couldn't name a single actor even if she wanted to - because movies are (mostly) dead, and series are a commodity. And I'm not saying this as some weirdo who doesn't own a TV or something - we have Disney, SkyShowTime, HBO, Amazon, etc. Its just "kids dont care about that anymore".
> They create the memes of six-seven-ification So, do you know what that means exactly? Are you a Skrilla’s fan? Just asking, because from the tone of your response, you seem to have no idea of the meaning - just like kids saying "theez nuts" or whatever.
They're also not fungible and extremely mobile. People get attached to specific OF stars and the medium inherently requires remote work. So it's an inherently global labour force that protectionism won't help. American OF models won't magically make more money if you ban immigration unless you also ban cultural imports.
The government isn't displacing local talent by importing OF models and gets tax dollars for essentially doing nothing. Those tax dollars pay for schools/hospitals/etc.
OF also skews towards young, unmarried women, which balances the gender surplus of unmarried men that generally tries to immigrate. Since they're young, they also have more productivity before drawing on benefits like Medicare or Social Security.
By any objective standard OF models are the ideal migrant.
Isn’t that a derogatory stereotype? Aren’t those men (and women and other folks) as “exploited” as a reader of a book or a player of a game, who understands they’re about to be a part of a fantasy but willingly suspend the disbelief for a short while?
It’s only exploitation if this suspension of disbelief is artificially prolonged in nefarious way, with a self-reinforcing fantasy so the person loses touch with the reality and spends increasingly unhealthy amounts of time in a fantasy, or otherwise get conditioned and start to exhibit addiction-like behaviors that aren’t in their best long-term interests.
That happens (every entertainment industry has its whales), but saying it’s the norm (rather than a pathological extremity) is sort of stigmatizing.
Consent does not bless immoral acts or neutralize damage. A person who takes a drug voluntarily is still being harmed by it. It causes changes in the consumer whether he likes it or not. Causality does not care about your consent.
(And to address your analogy to books, the content of a work of fiction also matters. Reading bad books isn't good for your mind either. But literary fiction at least has the potential to be good. The genre isn't categorically bad.)
And porn is addictive. Porn addiction is extremely widespread and afflicts mostly young men. Porn's ubiquity and the easy with which it can be accessed has created a situation that did not exist before, and from a young age. And not only is it addictive, but it does real psychological damage to these consumers, creating what some call "porn brain". It is an excellent method for producing sexually-crippled creeps and incels unable - and even uninterested, given the nature of their "fantasy" - to have healthy relationships with real human beings, and the stats corroborate this.
It is an incredibly twisted and deranging vice. It destroys individuals and has a destructive impact on society as a whole.
You can make all the moral judgments you like, but the fact is: They're making money either way, and then spending that money in their local communities. They can spend that money (and pay taxes on it) in the US or not.
It's no different economically than a musician or an actor doing the same.
Calling it "parasocial", doesn't change what it is, but the technology as a mediator does. And society has been feeding on itself since we moved past hunter gatherers.
But at the same time, the immigration system historically penalized anyone who engages in prostitution and actively denied entry to people found to be engaged in it. There is an explicit question about this in all immigration forms. Which is why it’s surprising that O-1 visas are being awarded to OnlyFans models. Maybe OF isn’t prostitution according to how it’s being interpreted, but it’s very surprising.
I hate to be that person, but the fact that so many people on HN think OF is prostitution is revealing of the site's demographics (i.e. older). It is, as some may put it, boomer thinking.
You're misunderstanding what these people - esports athletes, successful streamers, influencers, OF models etc - actually do. They create and maintain parasocial relationships.
The point isn't just the gameplay or nudes / sex videos or commentary. For e.g., I (and a bunch of other young women for some reason) love to watch Temet https://www.youtube.com/watch?v=go8EJbNaIHg while working. It's the way they reflect back to their audience and allow them to become a part of their performance.
It's kind of like the place where everyone knows your name? These are digital third places and the content (whether it be neon blue bunny hopping characters or a graphic video of someone having sex) is a mechanism for bonding / a part of the activity. Kind of like the alcohol at the pub, I suppose.
That's where real influence comes from in this age.
If you think OF is prostitution, you're fundamentally misunderstanding what will drive power and culture in this century.
"My default strategy was this: I would invite the man in, we’d sit down and talk for a while. I’d establish physical contact in the conversation by touching his hand when laughing at a joke, or crossing my leg so it bumped into his. I would become increasingly charmed, utterly fascinated by his life, and I asked him to explain to me concepts I already knew (remember, they like you smart in order to validate their identity as a man who likes smart women, and they still love teaching you things)."
https://knowingless.com/2021/10/19/becoming-a-whorelord-the-...
Well it's not non-existent either, there are a fair number of onlyfans models (and also general actors in the field of pornography who do the same) who do escorting on the side.
Plus AI porn is already a thing
And TikTok is the antithesis of culture. It's consumerist rubbish that encourages a vapid, thoughtless, and illiterate consumption of shallow material. The article even mentions the monetary motivations of those posting. Any gimmick will do just to make a buck.
Let us not relativize culture. If you relativize it, then your argument falls apart anyway. Authentic culture serves human beings. It involves learning from, developing, deepening, refining, and correcting what came before. Trash content doesn't do this. It is cultural poison. It ruins people's minds and wrecks society.
This use of O-1 visas is merely another sign of the downward trajectory of our polity. We are following Plato's description of social decline perfectly. Perhaps aesthetically, it is fitting that Trump is the poster boy of this abuse of O-1 visas, but he is at best an emanation and a catalyst of broader and deeper social and cultural processes. In the absence of a minimum of sound moral authority, you can expect the poison that lurks in the mud to hatch out and begin to dominate the polis.
Given the amount of unemployed Software Engineers, it makes sense to reduce H1-Bs in that category.
Companies can still hire exceptional people from overseas using this O-1 visa.
(But even for professionals, it's a very gameable metric. There is a whole industry that helps getting published material and appearances for O-1 applications.)
> My whole thing is being the funny Jewish girl with big boobs.
> Evidence of a record of major commercial or critically acclaimed successes in the performing arts, as shown by box office receipts or record, cassette, compact disk, or video sales
> Evidence of having commanded a high salary or other significantly high remuneration for services in relation to others
A high earning OF model ticks both of those boxes pretty easily. We don't want to put dollar amounts on it to only attract movie stars because other professions don't pay as well would be blocked out and an explicit filter on (heh) explicit O1 visas would be a content based restriction that would (or at least imo should) be a 1A infringement. [0]
https://www.pathlawgroup.com/o1b-visa-requirements/
[0] IMO a 1A restriction to who can come to the country is defacto a restriction on speech in the country.
I thought that was Rachel Bloom.
Is she passing the torch to the next generation?
Anyway, it's not that different from having the extraordinary ability of having hand-eye-coordination on a 7-foot frame.
And so, suddenly, we find ourselves mired between traditionalist discomfort and pragmatic acceptance, an unglamorous terminus for earlier dreams of Human synthesis.
>extraordinary ability in the sciences, education, business or athletics
> The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements
If you managed to amass 1M followers you clearly have strong abilities as an entertainer. The fact that the medium is different than what used to be the norm shouldn’t have an impact.
Me dumping oil on the ground -> bad.
megacorp paying some engineers to make up a number for just how much oil is ok to dump on the ground and paying for government permission -> good
Diddy flying hoes around -> bad
OF models paying the .gov to fly around -> good
(I'm joking here, but not nearly as much as I wish I was)