Having the Legal Right to be a Model in the United States - MyModelTalk Free Casting Calls for Models and Actors!

Having the Legal Right to be a Model in the United States · 07-11-2007, 06:14 PM

Professional modeling agencies protect their corporate clients by assuring that the models they represent are legally able to work in the US. US citizens and aliens admitted for permanent residence (“green card” holders) have that right, but others must have a visa or work permit from the State Department. There are lots of ways of getting that: win the green card lottery, marry an American, come to the US on a cultural exchange, get a modification to a student visa (after the first year) and many more.

Even though all of those are intended for other purposes, they can be used for modeling as well as whatever their original intent was. But for someone who wants to come to the US specifically to be a model, there is provision in the law for that: an H-1B3 visa. Here is the State Department description of what it takes to qualify for one:
H-1B3 Fashion Model

The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability.

Petition Document Requirements

The petition (Form I-129) should be filed by the U.S. employer with:

A certified labor condition application from the Department of Labor;
Copies of evidence establishing that the alien is nationally or internationally recognized in the field of fashion modeling.

The evidence must include at least two of the following types of documentation which show that the person:

Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
Has performed and will perform services as fashion model for employers with a distinguished reputation;
Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; and Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.

Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and either:
Involve an event or production which has a distinguished reputation; or
The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.

To show “recognition” in the field of modeling you need to show several (from 12 to 20 or so) significant fashion tearsheets. Frequently models will work in Europe or Asia to get fashion jobs which will qualify them for a visa.

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