Alan from Aavian Prod wrote:
Getting a work visa, in and of itself, is not an easy thing and I doubt you can get one, in any case, that quickly.  You might want to talk with an immigration attorney or the U.S. Embassy closest to you.

However, I would have to ask if you are dead set on shooting for money or are you planning any TFP.  I am not an expert, but I am fairly certain that if no money changes hand, there really won't be an issue.  You might confirm that with the immigration people, but I have dealt with this before.

So while you might not be able to book any paid shoots legally, that doesn't mean you can't have a good time shooting in the Florida sun.

You are correct...TFP if you want, but don't do paid shoots....you could probably get around this if close friends or acquaintances shoot you and pay you....it's better to play by the rules.

Are u from Great Britain?  The rules should be easier for you since you are allies with USA, being from Colombia was a headache because I had to prove I'm not a narco-terrorist.

Anjel Britt wrote:
so don't tell people it's easy!!!

Like I said...I've no personal experience in the matter of obtaining a working permit or visa from the US.  All I know of the issue (as I'm a US resident) is getting a working visa for canada is super simple (and apparently cheap at $150)

The only other personal experience I have is the fact that I work with teams of people on a regular basis inside the US borders who are from other countries, and I can assure you we are not spending the $2,000-$6,000 figures quoted by some of the above folks to get them working permits or visas. Nor are we waiting months or years of time to obtain a legal working status for these folks.

As they're all models I'm assuming (I know...bad james) that they are probably getting an H1-B exemption.

I'd love for TX to weigh in on the issue, since I'm sure with his experience he's hired and directly brought over more than one model from the international community.

Anjel Britt wrote:
short term is different from long term, which is my aim!

Well yes Britt, from a quick reading of the web site that I linked to it seems all exemptions to visa are under the condition that the person is leaving (nonimmigrant).

The US is tired of the world's poor, their hungry, their huddled masses yearning to be free.  We now want to build a giant wall around the country five miles out topped with double razor barbed wire.

Anjel Britt wrote:
just ask me

i also have 16 attornys

just found I could not rely on Barbara Federman of Beverly Hills
at all
as she cant tell one case number from another
still does what she did 20 years ago

and btw charges $75 to  read an e mail
or write a e mail
or read a fax
etc etc
yes thats Barbara Federman of Beverly Hills

...complains about making a LONG DISTANCE call to san diego from LA when her fee is $450 per hour

when she is threatened with being sued for the quality of her work she will say she sent in a note to put things right.. but not send you a copy
or a  reciept for your payments to her
what a horrible experience it was for me trying to sort out visa with
Barbara Federman of Beverly Hills

complains re this $75 when she writes an e-mail asking for a number and gets the e mail back with the number she lost
that she e mailed me to ask for

thats apart from all the matters i will raise in court when i have time

so don't tell people it's easy!!!

I got my work permit in about 3 months after filing.  I filled the forms out with my husband and we mailed it in along with the fees.  You can download all the forms from the USCIS website (see above in this thread)

James Jackson wrote:

Well yes Britt, from a quick reading of the web site that I linked to it seems all exemptions to visa are under the condition that the person is leaving (nonimmigrant).

The US is tired of the world's poor, their hungry, their huddled masses yearning to be free.  We now want to build a giant wall around the country five miles out topped with double razor barbed wire.

At the rate the US is going, we're going to go back onto our little ships and go back to Europe for free social healthcare!  You guys on the other side of the pond better make room for us!

James Jackson wrote:
I am unable to verify this as I have no legal background...

Then, no offense, it would probably be best if you refrained from giving legal advice.

And H-1B reads in part:

3) To perform services as a fashion model of distinguished merit and ability and for whom the Secretary of Labor has determined and certified to the Attorney General that the prospective employer has filed a labor condition application under section 212(n)(1) of the Act.

So your photographer has to file a form from 212(n)(1) with the department of homeland security, and you can have an H1B visa.

For the Nth time...

The fashion model visa is for *established and successful models.* I'm not necessarily saying you have to be Naomi Campbell, but that's about the level you have to be to get one without proving your bona fides to the INS on a fairly substantial level. The original poster's modeling background is completely inadequate to justify an H1-B under the fashion model clause. (Nothing against her: hopefully one day this will not be the case. But today, it is.)

M

StMarc wrote:
The fashion model visa is for *established and successful models.* I'm not necessarily saying you have to be Naomi Campbell, but that's about the level you have to be to get one without proving your bona fides to the INS on a fairly substantial level. The original poster's modeling background is completely inadequate to justify an H1-B under the fashion model clause. (Nothing against her: hopefully one day this will not be the case. But today, it is.)

M

While you are at it M, I note that the visa specifications are for "FASHION" models and I assume, reading that strictly as written and as that specific word is used... that 8 CFR 214.2(h) then almost automatically excludes such as glamour models; swimsuit models; lingerie models; art models; fitness models; and virtually any other kind of model... outside of mainstream fashion work, from obtaining an H1-B in any case.

On the face of it, and excluding the fashion world... there are models coming out of the woodwork in the US and I dare say one would have a chance in hell of even getting a precursor labor clearance for a model doing anything else... and of meeting the petitioner's test of: "...The work which a prominent alien is coming to perform in the United States must require the services of a prominent alien...." 8 CFR 214.2(h)(vii)A

The simple fact is that foreign labor can not be used, and will not be admitted for the purpose of working in the US, when domestic labor is available, and in modelling often under-employed as well, in the same occupational classification.

Comment?

Studio36

studio36uk wrote:
Comment?

Then I'm still confused how most clients, hire several international models every two to three months...and I'm talking catalog and promotional clients, not "fashion" clients.

If the term fashion is to be strictly interpreted then these girls are working illegally...because I can assure you their day rates do not cover the cost of a standard visa nor do we give them enough notice to apply for one... we often book them less than two to three weeks in advance.

Now, knowing some of these companies corporate cultures, I can assure you they would not ever work with someone breaking the law that blatantly.

I'm thinking you're all barking up the wrong tree, and I'm pretty sure that no one that's commented thus far has the personal experience of doing it themselves.

CLT wrote:
It is costly and difficult to obtain a H1. Also I believe there's a quota.

It is neither costly nor difficult...it is an exemption to having a visa, and it only requires the employer file a form stating their need for the international employee, and verifying that they're going to be paid a normal rate, work in a safe environment, etc...

James Jackson wrote:

It is neither costly nor difficult...it is an exemption to having a visa, and it only requires the employer file a form stating their need for the international employee, and verifying that they're going to be paid a normal rate, work in a safe environment, etc...

I speak from experience.

CLT wrote:

I speak from experience.

Please share.  as I said, I'd be interested to hear it.

studio36uk wrote:
Comment?

James Jackson wrote:
Then I'm still confused how most clients, hire several international models every two to three months...and I'm talking catalog and promotional clients, not "fashion" clients.

I'll make you a bet they are NOT getting the correct visas for the purpose... possibly business visas, maybe even tourist visas... but not H1-B [or other H class] work visas. A business visa, however, though easier to get, does NOT allow direct compensation payments [e.g. contracting a service for pay]. That is the distinguishing point between that [business visa] and a "working" visa.

James Jackson wrote:
If the term fashion is to be strictly interpreted then these girls are working illegally...because I can assure you their day rates do not cover the cost of a standard visa nor do we give them enough notice to apply for one... we often book them less than two to three weeks in advance.

Now, knowing some of these companies corporate cultures, I can assure you they would not ever work with someone breaking the law that blatantly.

You may be a lot closer to being correct in that [highlighted] statement than you seem to believe.

James Jackson wrote:
I'm thinking you're all barking up the wrong tree, and I'm pretty sure that no one that's commented thus far has the personal experience of doing it themselves.

Well, St Mark IS a lawyer and even though i'm not one... I can read:

TITLE 8 OF CODE OF FEDERAL REGULATIONS (8 CFR) / 8 CFR PART 214 -- NONIMMIGRANT CLASSES /Sec. 214.2(h) Temporary employees--

Sec. 214.2(h) Temporary employees--

[break]

(vii) Criteria and documentary requirements for H-1B petitions for aliens of distinguished merit and ability in the field of fashion modeling.--

(A) General. Prominence in the field of fashion modeling may be established in the case of an individual fashion model. The work which a prominent alien is coming to perform in the United States must require the services of a prominent alien. A petition for an H-1B alien of distinguished merit and ability in the field of fashion modeling shall be accompanied by: 

(1) 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.

(2) Copies of any written contracts between the petitioner and beneficiary, or a summary of the terms of the oral agreement under which the beneficiary will be employed, if there is no written contract. 



(B) Petitioner's requirements. To establish that a position requires prominence, the petitioner must establish that the position meets one of the following criteria:

(1) The services to be performed involve events or productions which have a distinguished reputation; 

[or]

(2) The services are to be performed for an organization or establishment that has a distinguished reputation for, or record of, employing prominent persons. 



(C) Beneficiary's requirements. A petitioner may establish that a beneficiary is a fashion model of distinguished merit and ability by the submission of two of the following forms of documentation showing that the alien: (Revised 8/15/94; 59 FR 41818 - 41842) 

(1) 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;

[or]

(2) Has performed and will perform services as a fashion model for employers with a distinguished reputation; 

[or]

(3) Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies, or other recognized experts in the field; or

[or]

(4) Commands a high salary or other substantial remuneration for services evidenced by contracts or other reliable evidence. 

-------

Whatever is going on with your deal... sounds kinda like a case of "Don't ask... Don't tell" to me... if YOU are hiring them, and if I were you, I would be DAMN sure that I knew what was going on. ICE is even going after the employers of illegal workers now. Where the heck are you bringing them in from anyway... and why aren't you using domestic models, agency or freelance? It's not like there is a US labor shortage in modelling.

There is NO such thing as an "exemption." If someone is going to work in the US and that person is not a resident alien or citizen, or one of an extremely few other classes of non-immigrant, then they NEED A VISA to do so. Oh, I forgot... "Don't ask... Don't tell"

I will also add... "And don't get caught"    DUH!!!

Studio36

studio36uk wrote:
Whatever is going on with your deal... sounds kinda like a case of "Don't ask... Don't tell" to me... if YOU are hiring them, and if I were you, I would be DAMN sure that I knew what was going on. ICE is even going after the employers of illegal workers now. Where the heck are you bringing them in from anyway... and why aren't you using domestic models, agency or freelance? It's not like there is a US labor shortage in modelling.

There is NO such thing as an "exemption." If someone is going to work in the US and that person is not a resident alien or citizen, or one of an extremely few other classes of non-immigrant, then they NEED A VISA to do so. Oh, I forgot... "Don't ask... Don't tell"

     DUH!!!

Studio36

Ok, well suffice it to say I'm not going to name names so that I don't get anyone unintentionally in trouble, but I will say that you can go to any mall and see the photos produced from the shoots of which I speak.

*I* am not directly hiring these models, but I can tell you how it happens since I've been included in the casting flow...  The AD sends out request for books matching descriptions to the agencies, the agencies send back books.  AD, Client, whomever else the AD decides to put in the casting flow (ie, me, photographer) looks at books and narrows down choices/approves choices.  Call agencies, tell them what day and where.

Agencies give us books, they don't give us home towns or countries of origin.

The models on said shoots have been from countries as varied as Switzerland, Holland, Denmark, Belgium, UK, Australia, France, Canada, Germany, New Zealand, Portugal, Spain, Greece, Italy...etc...

So, "It's not like there is a US labor shortage in modelling." well...tell the agencies that, because they sure as hell do send us a lot of international models.

James Jackson wrote:
Please share.  as I said, I'd be interested to hear it.

I have dealt extensively with USCIS, formerly known as BCIS/INS, over the last 10 years. Immigration is very complex and dynamic and changes every year. It is nowhere near my favorite topic to talk about, so I'm not going to share much other than saying it's not as easy as you have claimed.

A H1 is a visa. My cousin paid $4000 in legal representation to get his. He is an accountant. As a filing employer, the first thing you have to explain to USCIS is WHY you have to hire a foreigner and not a permanent US resident. This is easy if you're hiring a multilingual translator, or a gourmet chef specilizing in a cuisine that most people have never heard of before. As for modeling, I don't know how it is in the US, but in Asia, it is easy for white girls to get working permit because of their "looks".

I cannot help the OP because I am neither experienced nor legally qualified. I cannot answer your question because I have no idea about the details of the  arrangement you're referring to. And lastly, talking about imigration give me headaches, literally.

James Jackson wrote:
The models on said shoots have been from countries as varied as Switzerland, Holland, Denmark, Belgium, UK, Australia, France, Canada, Germany, New Zealand, Portugal, Spain, Greece, Italy...etc...

Do you know how (well) they are being compensated?

CLT wrote:
Do you know how (well) they are being compensated?

James Jackson wrote:
Day rates for the models of which I speak vary from $500-$5,000.  Most are there for the full shoot of 14+ days.

This is not including the compensation they get for likeness rights for the campaigns/instores/print they are used for.

Ah.... well, you see, USCIS is more likely to approve a very high-paying job than an average-paying one when approving the petition. Maybe this would be a good reason to ask those agencies why they favor "imported" models rather than resident models.

James Jackson wrote:
The models on said shoots have been from countries as varied as Switzerland, Holland, Denmark, Belgium, UK, Australia, France, Canada, Germany, New Zealand, Portugal, Spain, Greece, Italy...etc...

So, "It's not like there is a US labor shortage in modelling." well...tell the agencies that, because they sure as hell do send us a lot of international models.

Well as there are agencies involved, that changes the picture a bit... and I will agree that there may be H1's involved also... if only beause an agency can sponsor a "fashion model" and becomes the de facto employer for visa purposes. If that is the case then an H1 sponsored by an agency in the US is valid in two ways... multiple entries and multiple agency clients [the factual employers].

They will, however, have to make the petitions as in 8 CFR and then go through the actual visa process. That is NOT just a matter of poping into a consulate and asking for one... as that goes to the OP's original question. It can take MONTHS!

BTW... Currently H1B Total [annual] Quota is 65,000 for all the qualified people worldwide [Apr 06] New Quotas start and are available from April every year... so there are not an unlimited number available either.

Studio36