U.S. Work Visa for Fashion Models (H-1B3)

1. What is the H-1B3 visa?


The H-1B3 visa is a visa category specifically for certain foreign-born fashion models. This visa allows fashion models to temporarily work in the United States for a specific employer. To qualify, the applicant must demonstrate that they possess “distinguished merit and ability” in the field of fashion modeling and have an internationally recognized reputation.

2. What are the requirements to qualify for an H-1B3 visa?


To qualify for an H-1B3 visa, an individual must:

1. Be sponsored by a U.S. employer.

2. Have a bachelor’s degree or higher in a specialty related to the job they will be performing.

3. Demonstrate that the position requires a highly specialized knowledge and experience in the specialty field related to the job.

4. Have a job offer from an employer in the U.S. that meets certain wage requirements.

5. Pass a background check and medical examination, and meet other criteria established by the U.S. government.

3. What is the length of time for an H-1B3 visa?


The majority of H-1B3 visas are issued for a period of three years, with the option to extend the visa for another three years.

4. How much does it cost to apply for an H-1B3 visa?


The cost of applying for an H-1B3 visa depends on the particular situation and the U.S. Embassy or Consulate you are applying from. Generally, the fee is US$190 for the visa application fee, US$85 for the biometrics fee, and any additional fees that may be applicable to your particular situation.

5. Are there any restrictions on the type of work a fashion model can do under an H-1B3 visa?


Yes, under the H-1B3 visa, fashion models are only allowed to work in positions related to fashion modeling. This includes any position that requires posing, modeling, or performing services of a similar nature. The work must be temporary and related to a fashion modeling event such as a runway show, photo shoot, or promotional event. Furthermore, the work must be performed in the United States and the fashion model must possess specialized skills and experience in the field.

6. How long does it take to process an H-1B3 visa?


The processing time for an H-1B3 visa application varies depending on the individual case. The processing time can range from one to six months.

7. What are the documents required to submit with an H-1B3 visa application?


In order to submit an H-1B3 visa application, the following documents must be included:

1. A valid passport.
2. A completed Form I-129, Petition for a Nonimmigrant Worker.
3. Evidence that the applicant is a fashion model of distinguished merit and ability, such as copies of contracts or letters from agents or employers.
4. Evidence of lawful admission to the US if the applicant is currently in the US.
5. A copy of the approved Labor Condition Application (LCA) from the US Department of Labor.
6. Copies of any educational diplomas or certificates.
7. Two (2) passport-style photographs taken within 30 days of filing the application.
8. Any additional documents that may be required by the embassy/consulate processing your application.

8. Can a fashion model with an H-1B3 visa change employers while in the United States?


Yes, a fashion model with an H-1B3 visa can change employers while in the United States. The employer must file an amended petition with the U.S. Citizenship and Immigration Services (USCIS) to update the name of the employer and the employment address. The fashion model must also show proof that they are still eligible for the nonimmigrant classification, such as evidence of their extraordinary ability or special talent in fashion.

9. Are extensions of stay available for fashion models with an H-1B3 visa?


Yes, extensions of stay are available for fashion models with an H-1B3 visa. The U.S. Citizenship and Immigration Services (USCIS) allows for an initial period of stay up to three years, with extensions possible in one-year increments.

10. Is there a maximum amount of days that a fashion model with an H-1B3 visa can work in the US?


No, there is not a maximum number of days that an H-1B3 visa holder can work in the US. However, the visa is only valid for up to three years, after which it must be renewed in order for the fashion model to remain in the country.

11. Is there a minimum wage requirement for fashion models with an H-1B3 visa?


No, there is no minimum wage requirement for fashion models with an H-1B3 visa. However, fashion models are typically paid by the hour, and typically the going rate for models is around $20/hour. In addition, employers must ensure that they are paying the model at least the prevailing wage in the geographic region of employment.

12. Does a fashion model with an H-1B3 visa need to be sponsored by an employer?


Yes, a fashion model with an H-1B3 visa must be sponsored by an employer in order to obtain the visa.

13. Is there any specialized language proficiency necessary to obtain an H-1B3 visa?


No, there is not a specialized language proficiency necessary to obtain an H-1B3 visa. However, the visa applicant must demonstrate to their prospective employer that they possess the necessary skills and qualifications to fulfill the job duties. Additionally, the applicant must meet all other requirements of the H-1B visa program.

14. Can family members of a fashion model with an H-1B3 visa accompany them to the US?


Yes, family members of an H-1B3 visa holder can accompany them to the US. Spouses and unmarried children under the age of 21 are allowed to accompany the H-1B3 visa holder. They are eligible to apply for H-4 dependent visas.

15. Are there any restrictions on travel outside the US while on an H-1B3 visa?


Yes, there are restrictions on travel outside the US while on an H-1B3 visa. An H-1B3 visa holder must obtain a new visa to re-enter the US if they travel outside the country for more than one year. Additionally, they may need to obtain an advance parole document to re-enter the US.

16. Are there any additional fees required for renewing an H-1B3 visa status?


No, there are no additional fees required for renewing an H-1B3 visa status. The same fee that is required to apply for the H-1B3 visa is also required to renew it.

17. Is it mandatory that a fashion model with an H-1B3 visa has health insurance coverage in the US?


Yes, it is mandatory for all H-1B visa holders to have health insurance coverage in the US.

18. Are there any taxes that must be paid when applying for an H-1B3 visa?


Yes, there are taxes that must be paid when applying for an H-1B3 visa. These taxes include the Filing Fee, Fraud Prevention and Detection Fee, and American Competitiveness and Workforce Improvement Act of 1998 Fee.

19. What happens if a fashion model’s contract ends before their H-1B3 visa expires?


If a fashion model’s contract ends before their H-1B3 visa expires, they have up to 60 days to find a new employer who can sponsor them for an H-1B3 visa. If they cannot find a new employer, they will need to leave the United States.

20. Is it possible to transfer from one employer to another while on an H-1B3 visa?


Yes, it is possible to transfer from one employer to another while on an H-1B visa. However, the new employer must submit a new petition, and the old employer may need to revoke the existing petition. It is also important to note that the employee may only begin working for the new employer once the new petition has been approved.