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

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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

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

GlobalEIR-logo-black-and-blue-1

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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USCIS Reaches FY 2018 H-1B Cap In Only 5 Days

Release Date: April 7, 2017

Lottery BallsWASHINGTON – U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally-mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the “Master’s cap.”

USCIS began accepting applications on Monday, April 3.  It will reject and return filing fees for all unselected cap-subject petitions that are not duplicate filings.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap.  However, USCIS suspended premium processing on April 3 for up to six months for all H-1B petitions, including cap-exempt petitions. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the congressionally-mandated FY 2018 H-1B cap. USCIS will continue to accept and process petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States;
  • Change the terms of employment for current H-1B workers;
  • Allow current H-1B workers to change employers; and
  • Allow current H-1B workers to work concurrently in a second H-1B position.

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DHS Announces New International Entrepreneur Parole Option for Startup Founders

international-flags**Please note, on July 10, 2017, the Department of Homeland Security postponed implementation of the Entrepreneur Parole Rule March 2018.

On January 17, 2017, the U.S. Department of Homeland Security (DHS) published a new immigration avenue for foreign entrepreneurs who benefit the U.S economy. The “International Entrepreneur Rule” will serve as a pathway for qualified investors and foreign entrepreneurs to develop business enterprises which have significant public benefit in the United States.

This exciting news for start-ups and foreign entrepreneurs comes as a much welcomed development for those frustrated by the lack of immigration options available through the existing U.S. visas, which generally are not oriented to companies that are still in start-up mode.

Requirements

uscisThis new rule will be effective on July 17, 2017 and it will allow certain international entrepreneurs, on a case-by-case basis, to remain in the United States for up to five years in order to start or expand their businesses.  To secure the parole, three prerequisites are required: (1) applicant must submit the required application; (2) the application must be approved; and (3) a physical entry into the United States with the parole status is required. Continue reading

Now is the Time to Start Preparing Your H-1B Visa Application

enter-usa-h1b-visaThe H-1B visa is one of the most popular ways for foreign professionals i specialty occupations to obtain a work visa, and even a Green Card in the United States.  A successful H-1B application 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.

Although USCIS will not begin accepting H-1B applications until April 1, 2017, it is critical
to start preparing your application now, as the competition for this coveted visa is fierce.  The H-1B visa has an annual numerical limit, or cap, of 65,000 visas each fiscal year. However, the first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap.  In 2016, USCIS received 236,000 H-1B visa applications within the first five days of the application period. Once USCIS receives enough applications to satisfy the 65,000 quota, it implements a lottery.  The applications that are not selected in the lottery are returned to the sender, along with their filing fees.  In 2016, there was a 25% chance of an application making it through the lottery with a Bachelor’s Degree, and a one third chance with a Master’s Degree.  Continue reading

For Australians Searching for an Alternative to the Competitive H-1B Visa, the E-3 Specialty Occupation Visa May Be the Answer

by Jennifer A. Grady, Esq.

E-3 visas were created for nationals of the Commonwealth of Australia for temporary employment in specialty occupations.

AustraliaFor citizens of Australia, E-3 visa is an alternative to the competitive H-1B visa.  This specialty occupation visa, which was created by law by President Bush in 2005 in Section 501 of the REAL ID Act, is solely for for nationals of the Commonwealth of Australia.  Eligibility for the E-3 visa requires (1) theoretical and practical application of a body of knowledge in professional fields, and (2) at least the attainment of a bachelor’s degree, or its equivalent, as a minimum for entry into the occupation in the United States.

Unlike the H-1B, which is only available for three years, with an optional three year renewal, the E-3 visa is available for up to two years per extension, and has no maximum number of extensions (with some exceptions).  It can therefore be renewed indefinitely as long as the visa holder continues to meet the visa requirements. 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

Start Preparing Your H-1B Application Now to Be the First to File on April 1, 2015

by Jennifer A. Grady, Esq.

ImageOn April 1, 2015, United States Citizenship and Immigration Services (USCIS) will begin accepting petitions for H-1B specialty occupation visas.  Approved applications will allow a foreign national to commence employment in the new fiscal new year, which starts on October 1, 2015.  USCIS limits the number of petitions it will accept to 65,000, and operates on a first come, first serve basis. Over the past several years, there has been a dramatic increase in the number of petitions submitted to USCIS.  Last year, on April 7, 2014, USCIS announced that it reached the statutory cap of 65,000 within the first week of the acceptance period. This year, the cap will likely be reached within the first few days of the April 1 opening.

For those wishing to file an H-1B petition, it is strongly advised that the application materials be received by USCIS exactly on April 1, 2014 to ensure that an application falls within the 65,000 cap. Note that petitions received before April 1, or after April 5, will most likely be rejected by USCIS. Continue reading