Fashion Models

What process may a fashion model use to enter and work while in the United States?

The H-1B visa is used by fashion models to enter and work in the United States for a maximum period of six years.

What are the requirements for a fashion model to qualify for an H-1B visa?

1. The fashion model is of distinguished merit and ability in the field of fashion modeling;
2. The offered position requires a fashion model of prominence;
3. The U.S. employer must pay the fashion model the prevailing wage for that 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.

How long can a fashion model with an H-1B visa stay in the United States?

The H-1B category allows a fashion model to stay in the United States for a maximum period of six years. The H-1B alien is given an initial period of stay of three years but may be allowed to extend his/her stay for an additional period of three years.

Can the fashion model stay in the United States with the H-1B category for more than six years?

Generally no, but there are exceptions. The immigration laws require that the fashion model with the H-1B category leave the U.S. and stay in his/her country of origin for at least one year before he/she can re-enter the United States again with the H-1B visa.

Are there any exceptions to the six year limit of stay for H-1B recipients?

Yes. An exception exists when the fashion model’s U.S. stays are intermittent, seasonal, or an aggregate are less than six months a year. Another exception exists when the fashion model is submitting an application for adjustment of status pursuant to a job offer.

Is the procedure to obtain an H-1B visa as a fashion model different than the normal H-1B procedure?

No. The process is the same. The U.S. employer must first obtain an approved labor condition application and petition before the fashion model may apply for an H-1B visa at the U.S. embassy in his/her country.

Can the fashion model apply for a change of status to the H-1B category if he/she is in the United States legally?

Usually yes. The U.S. employer must file the petition with the Service Center before the legal status of the fashion model expires. The fashion model, however, cannot apply to change his/her status to the H-1B category if he/she entered the United States with the visa waiver program.

Can our law office assist a fashion model to find employment in the United States?

No. Our office can only assist the fashion model to enter the United States with an H-1B visa once he/she has obtained a job offer from a U.S. employer.

May the spouse and minor children of the fashion model enter the United States?

Yes. They may enter the United States with the fashion model under the H-4 category.

Are the spouse and minor children of the fashion model allowed to work while in the United States?

No. They are only allowed to attend school while in the United States.

Is there another visa that may be available to fashion models to enter and work while in the United States?

Yes. The fashion model may obtain an O-1 visa if he/she can prove that he/she has extraordinary ability in the modeling field.