U.S. Visa Options for Models
For models looking to enter the U.S. there exist two main visa options, the H-1B and O-1 Visa. Both visa types allow a model to be in the U.S. to work. Note that for both visa types, the model must exhibit upcoming events or projects that they have in the U.S. Let us consider the basic requirements of both the H-1B and O visa for models:
H-1B Visa for Models: Taking a look at the H-1B option in some more detail it is always important to keep in mind that as opposed to the O visa option which we will discuss below, the H-1B visa has a quota each year, so the timing of the filing of such a petition is critically important. The H-1B category for Models requires that the distinguished merit and ability of the model be evidenced. Prominence in the field of modeling can be shown through documentation and evidence of any two of the following:
- National (can be models home country) or international recognition evidenced through critical reviews or articles;
- Recognition by experts/critics in the field of modeling as having prominence and merit;
- Having performed for employers, or having participated in projects that have distinguished reputations; or
- Showing that the model has commands a high salary as compared to others in the industry.
To review your specific case and its merits and chances of approval under the H-1B category, please feel free to conact us directly.
O Visa for Models: The O visa option for models is somewhat more complex then the H-1B process. One of the advantages of the O visa however is that it can be filed throughout the year as there are no visa quotas as there are with H-1B visas. The O visa for models actually involves the preparation of a petition under the O-1A visa category, whereby it must be shown that the model has extraordinary ability in business. There is am O visa category for arts, however a leading case on the subject, Matter of Ford Models, Inc., provides that modeling is more suitable under an extraordinary ability in Business approach.
In order to satisfy the O visa requirements, the model must evidence a list of upcoming projects or events, must have a petitioning company or agent (note that the term agent has a specific definition that should be discussed with an attorney or researched further), and must evidence his/her extraordinary ability. Extraordinary ability can be shown by receipt of a major internationally recognized award. For most models such an award cannot be shown however another option does exist. Extraordinary ability can also be shown by satisfying as many, at least three are required, of the following types of evidence:
- Receipt of nationally or internationally recognized awards;
- Membership in organizations that require outstanding achievement;
- Published materials about the model;
- Reviews of the models ability from industry persons;
- That the model has been employed in an essential capacity at an organization with distinguished reputation;
- That the model has commanded or will command a salary above that which others in the industry receive.
Note that other forms of evidence may also satisfy the O visa standard and that this information is merely background in nature.
