U.S. immigration law allows fashion models to get the same type of visa held by foreign professionals holding bachelor’s degrees or higher, without the required education. In order for a U.S. employer to utilize the H-1B visa for fashion models, the modeling work must require a model of distinction.  The following are the general requirements that must be met in order to file a petition with the USCIS for H-1B status for a fashion model.

  • The alien must be coming to the United States to perform services which require such prominence. To establish that the proposed position requires prominence, the petitioner must show that:
    • The services to be performed involve events or productions which have a distinguished reputation; or
    • The services are to be performed for an organization or establishment that has a distinguished reputation for, or record of, employing prominent persons.
  • The alien must provide documentation, certifications, affidavits, writings, reviews, or any other required evidence sufficient to establish that the beneficiary is a fashion model of distinguished merit and ability. Affidavits submitted by present or former employers or recognized experts certifying to the recognition and distinguished ability of the beneficiary shall specifically describe the beneficiary’s recognition and ability in factual terms and must set forth the expertise of the affiant and the manner in which the affiant acquired such information.
  • Copies of any written agreement between the petitioner and beneficiary.
  • The petitioner must also establish the beneficiary’s distinction as a fashion model by submission of two of the following types of documentation, namely, by showing that he or she:
    • Has achieved national or international recognition and acclaim for outstanding achievement in his or her field as evidenced by reviews in major newspapers, trade journals, magazines, or other published material;
    • Has performed and will perform services as a fashion model for employers with a distinguished reputation;
    • Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies, or other recognized experts in the field; or
    • Commands a high salary or other substantial remuneration for services evidenced by contracts or other reliable evidence.