Commentary

U.S. Warns Foreign Content Creators: Tourist Visas Do Not Permit Paid Content Production

Published on June 11, 2026

The U.S. government has warned foreign content creators that producing income-generating content while on a tourist visa constitutes illegal work, according to a report by El País. The guidance, issued jointly by U.S. Customs and Border Protection and the Department of Homeland Security, arrives ahead of the FIFA World Cup, with 78 of the tournament’s 104 matches scheduled to take place across U.S. cities.

“Coming to the United States with the sole purpose of creating content (as an influencer), thereby generating earnings from the United States while in the country, is considered work and requires the appropriate visa,” the two agencies said in a statement provided to El País.

The tourist (B-2) visa permits entry for leisure, family visits, or medical treatment but prohibits work activities or income derived from work performed on U.S. soil. Violations can result in visa cancellation, deportation, and restrictions on future entry.

An Alternative Path for Creators

The O-1 visa, designed for individuals with extraordinary ability in fields including arts, business, science, or sports, offers one legal route for content creators. Under certain conditions, it permits professional paid activities such as brand collaborations, promotional tours, and commercial content production.

A government source who requested anonymity told El País that the Trump administration plans to tighten inspections at airports and border crossings for foreign influencers who use tourist visas to generate income, with the stated goal of protecting American jobs.

The announcement follows two high-profile cases involving foreign creators. TikTok personality Khaby Lame, who has more than 160 million followers on the platform, was arrested in Las Vegas in June 2025 for overstaying his visa. He was later released and left the country voluntarily to avoid a formal deportation order. Venezuelan national Leonel Moreno, known as the “migrant influencer,” was deported in March 2025 after failing to attend mandatory check-in appointments with Immigration and Customs Enforcement.

Los Angeles entertainment attorney Vance Owen told El País that enforcement questions remain. “Technology moves faster than laws,” Owen said, “and perhaps we are seeing a situation in which tax laws, federal laws, are adapting to this new situation of influencers because they didn’t exist before the internet.”