US VISA FAQ.COM
 
Radhika Gayatrinath & Associates
Attorneys At Law
 
newsletter subcription

 
 
Mission Statement
 
H-1B3
The H-1B3 Visa is a nonimmigrant Visa issued aliens who come temporarily to the U.S. to work as fashion models. The fashion model should be nationally or internationally recognized for his/her achievements, merit and abilities.

The U.S. employer has to sponsor the H1B3 petition to employ a foreign model. H-1B3 holders can bring their dependents to the U.S. Spouse and dependants of H1B3 holders are allowed to enter the U.S on a H4 Visa. They are not allowed to work. However, they can attend school and college in the U.S.

Eligibility:-
To be eligible for this visa category you must be a fashion model who is nationally or internationally recognized for achievements and you will be employed in a position requiring someone of distinguished merit and ability.

Application Process of H1-B3
Your employer must submit the following documents with Form I-129:

A certified Labor Condition Application (LCA) from the U.S. Department of Labor
  • Evidence that you are nationally or internationally recognized in the field of fashion modeling.  Such evidence must include two of the following (photo-copies are acceptable)
    • National or international recognition in the form of major newspaper, trade journals, magazines, or other published material
    • Evidence that you have performed services as a fashion model for employers with a distinguished reputation
    • Evidence that you have received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field
    • Evidence that you have commanded a high salary or other substantial remuneration for modeling services, as shown by contracts or other reliable sources
    • Evidence from your employer that establishes that the modeling services you will perform require a fashion model of distinguished merit and ability and either:
  • Involve an event or production which has a distinguished reputation
  • Your modeling services are for an organization or establishment that has a distinguished reputation or record of employing models of distinguished merit and ability
Labor Condition Application (LCA)
Your U.S. employer must obtain a certification of a labor condition application (LCA) from the Department of Labor (DOL). This application includes certain attestations, a violation of which can result in fines, bars on sponsoring non-immigrant or immigrant petitions, and other sanctions to your employer. The application requires the employer to attest that it will comply with the following labor requirements:
  • The employer will pay you a wage which is no less than the wage paid to similarly qualified workers or, if greater, the prevailing wage for your position in the geographic area in which you will be working. 
  • The employer will provide working conditions that will not adversely affect other similarly employed workers. At the time of the labor condition application there is no strike or lockout at the employer place of business. Notice of the filing of the labor condition application with the DOL has been given to the union bargaining representative or has been posted at the place of business.