H1B3 - Shankar law

H1B3

Do you think you could socialize with Gisele Bundchen and Tyra Banks? If you want to break into the modeling industry, you might consider moving to New York City or Los Angeles, two of the world’s fashion capitals. You will need a visa to enter and work in the United States to do so. Fortunately, the H-1B3 was designed specifically for you.

 

The H-1B3 visa is a subset of the H-1B visa program for fashion models who are regionally or internationally famous. But only the best will make it—if you want an H-1B3, you will need to show that you have excelled above and beyond the norm. It might lead to stardom or the White House for you.

Eligible Employers

Top models work for top agencies, therefore H-1B3 holders cannot work for just anyone. As the petitioner, your company will have to demonstrate that it provides services for well-known events or organizations with a history of hiring well-known people. You will also have to show US Citizenship and Immigration Services (USCIS) that you have extraordinary modeling skills, or that you are “a fashion model of recognized merit and aptitude,” in technical terms.

How can I prove that I am “America’s Next Top Model?”

You must provide evidence confirming that you, as the beneficiary, are a fashion model “of recognized merit and skill” by meeting any two of the following qualifications:

  1. 1. National or international recognition evidenced by critical reviews, articles, or news stories
  2. 2. Performance for employers that have distinguished reputations
  3. 3. Recognition by experts or critics
  4. 4. Commanding a high salary relative to other models
  5.  

I am ready to hit the catwalk! How do I apply?

Applying for an H-1B3 is like applying for a regular H-1B visa. In short, the steps are as follows:

  1. 1. Your U.S. employer submits a Labor Condition Application (LCA) via ETA Form 9035 & 9035E to the U.S. Department of Labor (DOL) and have it approved.
  2. 2. Your employer thereafter files Form I-129 (Petition for Nonimmigrant Worker) to the correct USCIS service center, along with the DOL-certified LCA.

I love this job. How long can I stay?

An H-1B3 holder’s initial period of allowed work is three years. This term may then be extended for up to two years in the first instance, and then for a total of six years in one-year increments. (However, in rare exceptional circumstances, the H-1B visa can be extended beyond the six-year restriction.)

Top models are not subject to the cap, right?

An H-1B3 holder’s initial period of allowed work is three years. This term may then be extended for up to two years in the first instance, and then for a total of six years in one-year increments. (However, in rare exceptional circumstances, the H-1B visa can be extended beyond the six-year restriction.)

Our knowledgeable immigration attorneys are available to help professionals navigate the complex H-1B application process and overcome any obstacles. We recognize the importance of an H-1B visa to you, whether you are a business or a potential employee. Shankar & Associates is the natural choice to help you with your H-1B petitions because of our experienced staff and extensive history of success.

O-1 Visas for Fashion Models

Fashion is an important part of the field of immigration law since it is fascinating and fast-paced. One aspect of this is the influx of fashion models who visit the United States each year to work for American modeling agencies. Top magazines such as Allure, Vogue, Harper’s Bazaar, and W Magazine will feature some of these successful models on their covers. At key events such as New York Fashion Week, Los Angeles Fashion Week, and Miami Fashion Week, models may also walk the runways for prominent designers.

Fashion models are usually granted an H-1B3 or an O-1B visa to enter the United States. While both sorts of visas will allow a model to work in the United States, there are significant variations between them.

Models with a notable reputation of merit and competence are eligible for the H-1B3 visa. However, the H-1B visa is limited to 65,000 visas per year, and over 250,000 applications were submitted last year. Unless a model already holds an H-1B visa, a petition must be submitted by April 1st, and the model cannot start working until October 1st. This timeframe is crucial, yet it frequently fails to accommodate the fashion industry. It is also worth noting that a person can only be in H-1B status for a total of six years. Individuals who are in the process of applying for permanent residence in the United States, however, are exempt.

The O-1 visa, on the other hand, is a fantastic option for fashion models and comes with numerous benefits. Individuals can apply for an O-1 visa at any time of year, and there are no visa quotas like there are for H-1B visas. The model’s O-1 status can be extended indefinitely if they work in their field and have a petition sponsor.

The O-1 nonimmigrant visa has a higher level of eligibility than the H-1B3 nonimmigrant visa. The model must be able to show that he or she has a prestigious reputation. Evidence such as magazine rip sheets, ad campaign work, runway images, newspaper stories, accolades, and high rates of compensation might be submitted to meet this requirement. It is also a good idea to show that the model has worked with prestigious modeling agencies in other countries and to submit letters of recommendation from well-known people who can attest to the model’s stellar reputation and work experience. An agent must support the model’s visa petition, as well as a schedule of planned employment in the United States.

Our team of experienced lawyers and paralegals are highly suited to guide you through the process of filing an O-1 petition. From document collection to booking a visa appointment, we will be there for you every step of the way. Our legal staff will work with you to increase your chances of approval, resolve any issues you may have, and move the process along as quickly as possible.

It is critical to have an experienced law company on your side that can devise solutions that match your demands. At Shankar & Associates, we have an enviable track record of managing O-1 petitions for models, and we work with a number of well-known US agencies on a regular basis. Our O-1 staff stays current on current concerns and how to deal with the issues that people are having with O-1s. We take great delight in safeguarding the O-1 process’s integrity, ensuring that both the model and the agency are protected in every way. At Shankar & Associates, you can rest assured that your case will be given the individual attention it requires.

How to Self-Petition for a Green Card in the United States for Artists with Extraordinary Ability (With No Job Offer)

As a “Priority Worker” under the “exceptional ability” immigrant visa category (“EB-1”), a high-achieving artist may be eligible to “self-petition” based on talent and achievement.

Let us pretend you are a successful artist who thinks a bright professional future awaits you in the United States. You do not, however, have a job offer there, which is typically required for an employment-based visa or green card.

Do not lose hope just yet: depending on your degree of achievement and recognition, you may have alternative opportunities for obtaining permanent residency in the United States (a green card). You may be able to “self-petition” as a “Priority Worker” based on your talent and accomplishments under the “exceptional ability” immigrant visa category (“EB-1”).

The EB-1 immigration visa was designed by the United States to recognize and reward skill and competence. Although many people who apply for this visa work in the disciplines of science, technology, engineering, and mathematics (STEM), the EB-1 category also includes professionals in the arts. This category may be worth looking into if you have skills in fine art, applied art, or the performing arts.

Basic Eligibility Requirements for EB-1 Priority Workers of Extraordinary Ability

As an artist, you must be at the very top of your field to qualify for a visa under the outstanding ability category, which means:

  • 1. you have received sustained recognition at the international or national level, and
  • 2. others in your field recognize you for your artistic achievements.

When it is time to apply, you will need to demonstrate your professional status, either by one large international award or a mix of other notable accomplishments (summarized below). A Grammy for music or an Academy Award for cinematic accomplishment are examples of important international awards.

Some of the EB-1 requirements appear to be geared toward academics and researchers. However, with some deft argumentation, you might be able to demonstrate how a specific artistic work of yours meets the condition in issue.

If you choose to aggregate your achievements, you must present at least three of the following in your field on your application for an EB-1 visa or status:

  • 1. awards for excellence (national or international)
  • 2. association membership that required outstanding achievement, as judged by experts
  • 3. publication about your work in major media (such as a biographical piece about you and your career)
  • 4. service as a judge of others in your field or an allied field (such as by serving on a review panel)
  • 5. original contributions of major significance (such as novel or groundbreaking works that have been recognized by experts in your field)
  • 6. articles you authored in professional or other major media
  • 7. evidence of your work being displayed at exhibits or showcases
  • 8. leading or critical roles in distinguished organizations
  • 9. high salary or pay for your work relative to others, and
  • 10. commercial success in performing arts (for example, box office record, or record sales).

The first step is to demonstrate that you meet the basic standards listed above. Finally, you must persuade the US government reviewer that your accomplishments place you at the pinnacle of your artistic discipline. 

Artists’ Strategies for Matching Criteria That Appears to Be Designed for Scientists

Artists frequently face an additional stumbling block: Academic researchers in science (for example, authorship of articles) are more easily met by the EB-1 eligibility criteria than artists, especially if you specialize in an applied art (such as brand design or visual campaigns for a new product or service). Consider the following to help you overcome this:

  1. 1. explaining why a particular standard does not apply to your field
  2. 2. noting the achievement that is comparable to the standard, and
  3. 3. explaining why your achievement is comparable to the standard.

Let us assume you have had a collection of original paintings published in a well-known anthology for painters with a distinct style, and you would like to submit this as a comparable achievement to having written scholarly pieces in the media. You may demonstrate how painting in a professional anthology serves the same function as writing articles, such as sharing a novel application of a well-known style or process with academic peers to further a distinct theory or style. This method ensures that you do not overlook any significant career achievements.

If you have hired an attorney (which is a great idea), expect to collaborate closely with him or her to explain your accomplishments and their significance, especially if they do not seem to fit neatly into the traditional categories.

It is critical to have an experienced law company on your side that can devise solutions that match your demands. At Shankar & Associates, we have an enviable record of managing O-1 petitions for models, and we work with a number of well-known US agencies on a regular basis. Our O-1 staff stays current on current concerns and how to deal with the issues that people are having with O-1s. We take great delight in safeguarding the O-1 process’s integrity, ensuring that both the model and the agency are protected in every way. At Shankar & Associates, you can rest assured that your case will be given the individual attention it requires.