H-1B Visa: Models and Professional Workers | H-2 and H-3 Visas

UPDATE: H1B Visa Count for Fiscal Year 2010

UPDATE: H-1B Visa Option for Models

The options that exist for models who wish to enter the U.S., or remain in the U.S. to take part in projects or shoots, normally comes down to the H-1B or O-1 Visa options. Both visa types allow a model to be in the U.S. to work. Note that for both visa types, the model must exhibit upcoming events or projects that they have in the U.S. Let us consider the basic requirements of both the H-1B and O visa for models:

H-1B Visa for Models: Taking a look at the H-1B option in some more detail it is always important to keep in mind that as opposed to the O visa option which we will discuss below, the H-1B visa has a quota each year, so the timing of the filing of such a petition is critically important. The H-1B category for Models requires that the distinguished merit and ability of the model be evidenced. Prominence in the field of modeling can be shown through documentation and evidence of any two of the following:

1. National (can be models home country) or international recognition evidenced through critical reviews or articles;
2. Recognition by experts/critics in the field of modeling as having prominence and merit;
3. Having performed for employers, or having participated in projects that have distinguished reputations; or
4. Showing that the model has commands a high salary as compared to others in the industry.

To review your specific case and its merits and chances of approval under the H-1B category, please feel free to Contact us directly.

O Visa for Models: The O visa option for models is somewhat more complex then the H-1B process. One of the advantages of the O visa however is that it can be filed throughout the year as there are no visa quotas as there are with H-1B visas. The O visa for models actually involves the preparation of a petition under the O-1A visa category, whereby it must be shown that the model has extraordinary ability in business. There is am O visa category for arts, however a leading case on the subject, Matter of Ford Models, Inc., provides that modeling is more suitable under an extraordinary ability in Business approach.

In order to satisfy the O visa requirements, the model must evidence a list of upcoming projects or events, must have a petitioning company or agent (note that the term agent has a specific definition that should be discussed with an attorney or researched further), and must evidence his/her extraordinary ability. Extraordinary ability can be shown by receipt of a major internationally recognized award. For most models such an award cannot be shown however another option does exist. Extraordinary ability can also be shown by satisfying as many, at least three are required, of the following types of evidence:

1. Receipt of nationally or internationally recognized awards;
2. Membership in organizations that require outstanding achievement;
3. Published materials about the model;
4. Reviews of the models ability from industry persons;
5. That the model has been employed in an essential capacity at an organization with distinguished reputation;
6. That the model has commanded or will command a salary above that which others in the industry receive.

Note that other forms of evidence may also satisfy the O visa standard and that this information is merely background in nature.

To have you particular case evaluated and prepared by one of our immigration attorneys, feel free to Contact us.

The H-1B and the O Visa option both allow for an initial admission period of three years after which extensions may be applied for if the necessary requirements are satisfied. Furthermore there are options to adjust status to that of a permanent resident green card holder in certain cases. These issues should be discussed with an immigration attorney or researched further in great detail as there are various issues that could arise during such processing.

Our Los Angeles Branch office, with locations in Pasadena and Beverly Hills, focuses on serving those persons in the Entertainment and Arts industries that require visa processing. Let our attorneys assist you today so that you can focus on your career and upcoming projects. Feel free to Contact us directly.

H-1B: Specialty workers and professional fashion models

This classification may be granted to persons who:

(1) Will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation;

(2) Based on reciprocity, will perform services of an exceptional nature requiring exceptional merit and ability relating to a DOD cooperative research and development project or a coproduction project provided for under a Government-to-Government agreement administered by the Secretary of Defense;

(3) Will perform services in the field of fashion modeling and who is of distinguished merit and ability.  8CFR §214.2(4)(h)(i)(a).

In order to qualify as a person performing a specialty occupation, the position to be filled must meet one of the following criteria:

(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

(3) The employer normally requires a degree or its equivalent for the position; or

(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree. 8 CFR §214.2(h)(4)(iii)(A).

In order for the beneficiary to qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:

(1) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

(2) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;

(3) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or

(4) Have education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty. 8 CFR §214.2(h)(4)(iii)(C).

Note that persons who do not have a baccalaureate or higher degree level of education may still qualify through a combination of education, specialized training, and work experience in areas related to the specialty.

Compliance with new H1B regulations: