Visa for Fashion Models
Elizee Law Firm is a full service immigration law firm. We can guide you through your current immigration issues. Foreign models may qualify for an H-1B3, an O, or P-3 visa.
Visas for Fashion Models
An H-1B3 work visa is a common option for prominent fashion models who seek to work in the U.S. H-1B3 visas for Fashion Models require a different form of evidence than the standard H-1B visa for those in a specialty occupation. Unlike H-1B visas for those in specialty occupations, H-1B3 fashion models are not required to have a bachelor’s degree or higher, or its equivalent.
H-1B3 Visa for Fashion Models: Requirements
Fashion models who wish to work in the U.S. may apply for an H-1B3 work visa if they meet the following requirements:
1. They must be internationally or nationally recognized.
2. The position offered or the services to be performed in the U.S., must require a fashion model of distinguished merit and ability or a fashion model of prominence.
3. The U.S. employer must pay the fashion model a prevailing wage for the occupation in the area of intended employment or the actual wage being paid by the employer to fashion models of similar standing, whichever is higher.
Basic steps to obtain an H-1B3 visa:
Step 1.File a Labor Condition Application (LCA) with the Department of Labor.
Step 2.File a Petition with the United States Citizenship and Immigration Services Step 3.Apply for Visa at the U.S. Consulate or consulate abroad.
O-1 Visa: Alternative to H-1B3 Fashion Model Visa:
An alternative to the H-1B3 visa for fashion models is the O-1 visa. The O-1 visa is for fashion models of ‘extraordinary merit and ability. Extraordinary merit and ability is demonstrated through sustained national or international acclaim.
The benefit of the O-1 visa is that it is not subject to annual quotas and does not require that the employing modeling agency obtain LCA certification from the DOL prior to the filing of the O-1 petition with USCIS.
O-1 Visa Fashion Models: Requirements
1. Must establish extraordinary ability in business, not in the arts.
2. Extraordinary ability in the field of business meaning a level of expertise in the field of endeavor.
The H-1B3 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.
The P-3 cultural event visa is accessible to "artists and entertainers" who come to the U.S. to participate in a "culturally unique" event or program, which furthers the art form.
P3 Visa Fashion Models: Requirements
1. Skills and talents which are authentic and supported by recognized credentials such as prizes or awards, published articles about your accomplishments, and letters from leaders explaining your performance,
2. Performance is "culturally unique" based on newspaper or other written review, and
3. Consultation report from a peer group, labor union or management organization verifying the alien's credentials and how the event is "culturally unique".
Elizee Law Firm is full service immigration law firm. We can guide you and your family through your current immigration case. Our staff is fluent in Spanish and Haitian Creole. Contact us at (305) 371-8846.