Some may call them marketing specialists, marketing professionals, or public relations managers. They are all different professional titles, but they all encompass marketing and/or PR. At Yao Law Group, we almost always file digital marketers, social media managers, and traditional marketing specialists as O-1Bs and therefore as creatives.

The Creative Process

Oftentimes, marketers are filed under O-1A as a business professional. In contrast, we tend to look at the creative side of what they do. Everything a marketer does is part of the creative process in some capacity. Even data analytics, which doesn’t sound very creative, influences the entire creative process.

When filing for an O-1B, our goal is to prove that a marketing professional is utilizing creativity, artistry, and influencing creative decision making. Whether someone is a marketer, a director, or a performer, their work ultimately tells a story. This is a common theme among all creatives and proving this storytelling aspect is key to obtaining the O-1B visa.

We argue that all storytelling is creative and marketing in and of itself is all about telling stories. These stories arise through advertising, copywriting, or even data analysis. Although the storytelling medium marketers use is different from traditional artists, it does not discredit them as a creative professional. It is imperative to break down the process and show the immigration officer that creative strategic thinking goes into the end result of marketing projects.

The Business Of The Arts

Creativity is not the only factor when it comes to being an effective marketer. Having a sound business sense is almost equally as important. When creativity and business is combined and proven with quantifiable results, it affords more evidence of one’s creative professionalism. We use these results in the O-1 application process. There is no doubt that marketers make business decisions but business and creativity are not mutually exclusive.

Breaking down one’s own creative process can be difficult and may be hard to even understand the amount of creativity in one’s own work. It is important to work with an experienced attorney who will be able to assist in extrapolating the creativity in your process. Showcasing the creative process is why we are able to file most marketing professionals as O-1Bs. However, there are are cases in which it is not appropriate to file the marketing professional under the O-1B prong.

O-1A or O-1B?

There may be those in marketing whose main focus is cold-calling, sales, and managing accounts. Although these are no easy tasks, they focus less on the creative and storytelling side of things. In these cases, it may be better to file under the O-1A prong.

If you’re considering whether or not to file an O-1A or an O-1B, it’s important to be strategic and know which prong is more appropriate for your own work. Working with an experienced attorney to properly evaluate your professional profile and strategize on your case is the most sound approach.