H-1B3 for fashion models
H-1B visas have subcategories, one of which is the H-1B3 visa status. This is a non-immigrant visa that is set aside for internationally recognized fashion models that are known for their achievements and are interested in coming to the US to work on a temporary basis in a job that requires a person who has exceptional ability.
A fashion model to be able to gain eligibility for this visa must present evidence of skill and substantial recognition that makes him or her quite exceptional in the fashion model field. For eligible aliens to be able to apply for this H-1B3 visa there are specific application requirements that have to be met:
- First of all the U.S. employer employing the foreign fashion model has to file a Labor Condition Application (LCA) to the Department of Labor (DOL) and be in receipt of the DOL’s LCA certification.
- Secondly, the employer is required to file Form I-129, which is the Petition for a Non-Immigrant Worker, with the correct USCIS Service Center which is in either in St. Albans, Vermont or Laguna Niguel in California. The LCA must be certified by the DOL and has to be included with Form I-129.
- Thirdly, if the alien who is to benefit is not present in the U.S. he or she can file an application with the United States Department of State (DOS) at a U.S. consulate or embassy overseas for an H-1B visa (if that is required). However, the alien must apply to the U.S. Customs and Border Protection for permission to enter the United States on an H-1B classification, whether a visa is a requirement or not.
The U.S. employer that is the petitioner and the alien who is to benefit have to meet the following conditions:
- A copy of the written contract or a summary of the agreed terms of an oral agreement
- Outline services that will be given at an important event or a production or for a specific organization that has acquired a well known reputation or a record of providing a service to well known people.
Documentation is necessary that proves the alien meets two requirements which are:
- Attaining national or international fame with evidence from news stories, critical reviews and articles
- Putting on a performance for employers who have a well known reputation;
- Recognized by critics or experts for having exceptional qualities as a fashion model
- The salary required for securing the fashion model’s services is above the average when compared to others.
The period of work allowed for an H-1B3 visa holder is 3 years. It can be extended, for a further two years, and at a later date a further year, up to 6 consecutive years. Additionally, the H-1B3 visa status is regulated by the H-1B “Cap.” which refers to the per annum numerical limit which is established by Congress on worker numbers who are permitted to enter the country on an H-1B visa or given the authority to alter their status if present in the U. S.
For those fashion models who are H-1B3 holders but might have an interest in filing a change of status application from H-1B3 visa status to H-1B, the duration already spent on the H-1B3 visa status will accumulate towards set time limitations established for an H-1B visa. For example, if the maximum time that can be spent on an H-1B visa amounts to six years, but an alien was residing in the U.S. for four years, but was given approval to change his or her status to an H-1B, then the newly approved H-1B status would be valid for a further two years only.
Return to “The H-1B Visa” to learn more.