H-1B3 Visas for Distinguished Fashion Models

Brief Introduction 

• One of the subcategories of H-1B
• Only 65,000 H-1B visas are available year-to-year with an additional 20,000 visas allocated for individuals who hold a master’s degree or higher
• H-1B visas are valid for 3 years; after 3 years are up you may apply for a 3-year extension for a total of 6 years.

H-1B3 Intended Usage

• For top domestic and international models to work at distinguished modelling companies in the United States

H-1B3 Benefits

• An H-1B3 visa’s requirements for a model’s fame and recognition are less stringent than the requirements for an O-1 visa
• May apply for a U.S. green card through your employer after working in the U.S.
• While your H-1B3 is valid, your spouse and children can apply for an H-4 visa to enter the United States where they can study United States but not work

H-1B3 Application

• An American employer must sign a labor contract with the applying model
• Offered wage must not be lower than the minimum wage set by the Department of Labor
• The American employer must prove that the model will be performing either at events/shows that have a distinguished reputation or for organizations with a distinguished reputation
• The applying model must have outstanding talent and recognition: 

Models themselves must have outstanding talent and recognition that can be proved using the following qualifications (minimum of two):

* The model has been reviewed across magazines, newspapers, television, websites, etc.

* The model has received praise from critics, reputable fashion companies, model agents, or other field experts

* The model commands a high salary relative to the field (can be proved using copies of contracts)

* The model has, is, and/or will perform either at events/shows that have a distinguished reputation or for organizations with a distinguished reputation

Note: The application model does not need to provide proof of the academic qualifications required by H-1B

H-1B3 Application Timeline

• US employers submit an LCA (Labor Condition Application) to the Department of Labor
• At the beginning of the annual H-1B draw (usually in early April each year), submit Form I-129 along with proof of the above requirements to the USCIS.
• 3-6 months for review of the H-1B3 as the expedited services has been suspended
• If approved, your H-1B3 visa will be active from October 1 and on

Differences from O-1 work visas:

• You may apply for O-1 work visas at any time with no annual quota
• O-1 work visas does not require a labor contract in the United StatesO-1 work visa eligibility requirements are higher than that of an