Visa Options for Fashion Models (O-1B, H-1B3, and P-3 Visas)

NYFW 2Do you dream of walking down the runway at New York Fashion Week?  Are you interested in becoming a brand ambassador for a prestigious luxury brand?  Whether you’ve mastered the catwalk or discovered your niche in commercial modelling, several visa options are available depending on your level of achievement and reason for coming to the U.S.

Fashion models typically enter the U.S. in one of two ways— the O-1B visa (for Individuals with Extraordinary Ability or Achievement) or the H-1B visa (for Specialty Occupations, Department of Defense Cooperative Research and Development Project Workers, and Fashion Models).  The majority of fashion models will apply for the H-1B3 Fashion Model visa, while a third option for models is the P-3 visa (for Artists and Entertainers who are Participating in a Culturally Unique Program).

H-1B3 Visa for Fashion Models

Melbourne-Model-Casting-Call-3-EditTo qualify for the H-1B3 Fashion Model visa, you must be a fashion model of “prominence” and the model must possess distinguished merit or ability. Continue reading

O-1B Visa for Artists or Actors with Extraordinary Ability or Achievement in the Arts or Motion Pictures

filmmakerCalling all talented artists and actors!  Are you an actor trying to make a breakthrough in Hollywood?  Or perhaps you are a renowned violinist, famous choreographer, or an award-winning pastry chef?  If you excel in your field of arts or the motion picture industry, you may be eligible for the O-1B visa.  The O-1B visa is for individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry who will perform in the U.S. in an event or project associated with this ability.

The O-1 visa can be an alternative to the highly competitive H-1B visa (for skilled workers in specialty fields), which in recent years has reached its annual cap of 65,000 visas within days after opening the program.  Unlike the H-1B visa, the O-1 visa has no annual limit on the number of visas available, it can be filed year-round, and the length of stay can be extended indefinitely based on the time required to complete a project or event.

Individuals who are essential to the O-1 applicant’s successful performance in the U.S. may apply for an O-2 visa in conjunction with the O-1 visa application. Continue reading

Q-1 Visa is an Opportunity to Share Your Culture through an Employer’s International Exchange Program

Q-1 visa

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Are you interested in sharing your home country’s cultures and traditions while working in the U.S.?  Are you an employer interested in obtaining approval for an exchange program in your company so that you can hire international employees on a Q-1 visa?

If so, the Q-1 visa may be available to meet your company’s specific needs for international employees.  Known as the “Disney visa” because it was originally designed by Disney to meet their need for “cultural representatives” to work in Epcot World Showcase, the Q-1 visa is for individuals wishing to participate in an international exchange program administered by an employer.  It is most popularly utilized to obtain short-term employment with Disney and used by some hotel chains to temporarily employ chefs. Continue reading

Professional Athletes, Gamers, and Entertainers who are Internationally Recognized are Eligible for the P-1 Visa

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The P-1 visa is a viable alternative for athletes and entertainers who may not meet the “extraordinary ability or achievement” requirement of the O-1 visas.  If you are an internationally recognized athlete coming to the U.S. to perform individually or as part of a team, you may be eligible for the P-1A visa. Professional athletes from a wide range of sports including soccer, taekwondo, and online gamers receive P-1A visas.

If you are an entertainer who is part of an internationally recognized entertainment group coming to the U.S. to perform with the group or are joining an internationally recognized entertainment group in the U.S., you may be eligible for the P-1B visa. Examples of a P-1B visa recipient are foreign artists who perform at a SXSW festival, a group of stage actors, and circus performers.

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Visa Options for Entrepreneurs and Recent Grads: H-1B Visa through Global Entrepreneur in Residence and J-1 Visa for International Student Entrepreneurs through University Exchange Programs

In the absence of an official “startup visa”, and in lieu of the International Entrepreneur Parole Rule, which has now been postponed until March 2018, organizations and programs exist that help entrepreneurs from around the world establish their businesses in the U.S.  These programs are generally geared towards assisting international students who have developed a technology or innovation with launching a start-up in the U.S. that creates high-paying jobs.

H-1B Visa through the Global Entrepreneur-in-Residence Program

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Global Entrepreneur-in-Residence (Global EIR) is an organization that helps international entrepreneurs gain access to visas to come to the U.S. to build their businesses and create local jobs by partnering with universities.  A university will sponsor a foreign-born entrepreneur for a H-1B visa (which is not subject to the H-1B visa lottery and quota) to work on campus to provide mentoring to students, review business proposals, or teach classes.  This is a tremendous benefit, as an H-1B applicant had a one in four chance of making it through the lottery in 2017 before the application could be reviewed by USCIS on its merits. While working for the university, the entrepreneur continues to build his or her business in the U.S.  After 6-18 months, this option could lead to an O-1 visa and Green Card.

The Global EIR currently has a presence in 13 colleges and universities across four states, including the following schools: University of Alaska, Anchorage; Alaska Pacific University, Anchorage; Babson College, Boston; University of Massachusetts, Boston; University of Colorado, Boulder; University of Missouri, St. Louis; and San Jose State University.

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P-2 and P-3 Visas for Performers, Artists, and Entertainers in Reciprocal Exchange Programs and Culturally Unique Programs

USA flag pin in international collectionIf you are coming to the U.S. to perform, teach, or coach under a reciprocal exchange program or a culturally unique program, you may be eligible for a P-2 or P-3 visa.

P-2: Performer or Group Performing under Reciprocal Exchange Program

The P-2 visa is available for individual and group performers coming to the U.S. to perform as part of a reciprocal exchange program between an organization in the U.S. and an organization in another country.  Essential support personnel such as trainers or stagehands who are an integral part of the artist’s performance are also eligible for a P-2 visa.

Length of Stay:  Initial period is the time needed to complete the event, competition or performance, not to exceed 1 year.  Extensions may be granted for increments of up to 1 year in order to continue or complete the event, competition or performance. Continue reading

Immigrant Entrepreneurs May Be Able to Remain in the U.S. on Parole Under New Rule Proposed by DHS

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On August 31, 2016 , the Department of Homeland Security (DHS) proposed an amendment to its regulations in an effort to increase and enhance entrepreneurship, innovation, and job creation in the United States. The proposed rule would allow for the use of “parole” on a case-by-case basis for certain Startup entrepreneurs whose entry into the United States would provide a significant public benefit through “the substantial and demonstrated potential for rapid business growth and job creation.”  Once the notice of proposed rulemaking is published in the Federal Register, the public will have 45 days from the date of publication to comment. To submit comments in support of this rule, follow the instructions in the notice.

The new “International Entrepreneur Rule” would expand the opportunity for international entrepreneurs, inventors, and startup founders to receive “parole”, which is temporary permission to be present in the United States.  “Parole” is not considered an admission to the United States, and does not confer any immigration status.  In addition, once a person is granted parole, the parolee’s stay in the U.S. is at DHS’s discretion and may be terminated at any time consistent with existing regulations.  DHS has broad discretion to grant parole and may do so on a case-by-case basis. Continue reading

Visiting the US for Business or Pleasure? You May Need a B-1 or B-2 Visa

American Visa (XL)B-1 and B-2 visas, also known as “visitor visas,” are nonimmigrant visas for persons who wish to  temporarily enter the United States for business, tourism/pleasure, or a combination of both purposes. The process to obtain visitor visas is relatively simple, but visitors must comply with the regulations in order to ensure that their stay in the United States is legal and complication-free. Continue reading

5 Secrets to Preparing a Successful H-1B Application

by Jennifer A. Grady, Esq.

H-1B visaOne of the most notorious ways for foreign professionals to obtain a visa and even a Green Card in the US is through an H-1B visa, which requires sponsorship by the professional’s employer, and can be granted for three years with one additional three year renewal. The H-1B allows U.S. employers to temporarily employ foreign workers in specialty occupations, and requires a bachelor’s degree or its equivalent.

However, with great benefits comes great competition. The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Due to the United States’ stability in an increasingly unstable world, in 2015, 233,000 foreigners applied for the H-1B, a significant increase over 2014 (172,500 applications), and nearly double the applicants from two years ago Lottery Balls(124,000). Because the average applicant with a bachelor’s degree has only a 27% chance of making the quota, it is essential to not only meet the requirements and have an outstanding application, but to first make it into the H-1B lottery. Continue reading