Visa Options and Special Considerations for Fashion Models

As one of the fashion capitals of the world, New York City attracts models from all over the globe. This is especially true at this time of year: Mercedes-Benz Fashion Week. In honor of this event (which began yesterday) we thought it’d be appropriate to discuss visa options for models (H-1B3 and O-1) as well as a few special topics specific to fashion models seeking to work in the US.

What is the H-1B3 and when is it appropriate?
The H-1B3 is a subcategory of H-1B visas specifically designated for fashion models. To be eligible for the H-1B3, models must demonstrate that they have achieved “distinguished merit and ability,” which is defined as “one who is prominent in the field of fashion modeling.” Such “prominence” can be proved in several ways, including evidence of the model’s work with renowned clients (i.e., tear sheets from magazines showing fashion and advertising shoots), reference letters from people who work in the fashion industry and can attest to the prominence and talent of the fashion model, press about the model, awards, and contracts, to name just a few. The goal is to demonstrate that the model possesses a “degree of skills and recognition” that is greater than that which is ordinarily encountered in the fashion modeling industry. Since it carries a lower evidentiary standard than the O-1, it is typically the better option for certain models. It should be noted, however, that both the H-1B3 and O-1 do require that the petition be sponsored by a US company, which in the field of modeling typically means an established US modeling agency that will be representing the model in the US.

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