Here’s a big immigration trap for influencers and content creators.

If you’re physically in the United States and you’re making money from social media—sponsorships, paid promotions, affiliate links, subscriptions, or monetized content—you’re working in the United States, regardless of whether the social media company paying you is American or where your payments are sent.

And if your immigration status doesn’t authorize that work, you’re engaging in unauthorized employment—which can lead to some very serious immigration problems if you get caught.

And yes, now more than ever, USCIS and U.S. consular officials are checking your social media and looking for these types of violations.

What’s the solution?

Well, if you want to build a business as an influencer or content creator in the United States, there are visas that allow you to do it legally, such as the E-2 investor visa or the O-1B visa for individuals of extraordinary ability in their field.

The key is to choose and obtain the right visa before you start getting paid.

So, if you’re an influencer or content creator who’s looking to make your move to the U.S., make sure your immigration status allows you to actually do the work you came here to do.

I’m Joseph Bovino, U.S. immigration and business attorney based in the free state of Florida, serving clients worldwide, and specializing in visas for entrepreneurs, investors, and others who love America almost as much as I do.

Use the link in my bio to contact me or schedule a video consultation.