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H-1B3 Visa, Fashion Models

H-1B3 Visa, Fashion Model

This category of visa is for fashion models only. A Labor Condition Application (LCA) must be filed by the employer with the filing of the I-129. it may be eligible for the Dual Intent Doctrine. It is only available to fashion models of prominence who display distinguished merit and ability.

Labor Condition Application

First, the employer must apply, to and receive from, the Department of Labor a Foreign Labor Certificate. This application must attest that the employer will;

1. pay the model the prevailing wage rate, or greater paid to US workers in similar jobs in the same geographic area,

2. provide the model working conditions similar to those provided to U.S. workers in similar jobs in the same geographic area,

3. there is no current union strike or walkout,

4. notice of the job has been posted at the employers place of business or given to the union bargaining representative.

Submission Process

The employer must submit the LCA approval with the USCIS form I-129, accompanying documentation and pay all required filing fees. Then the employer is responsible for the payment of all return expenses for the employee if the model is terminated before the contract expires. The employer is not obligated for such return expenses of spouses and children.

Period of Stay

The initial period of stay is for up to 3 years with a 3 year possible extension. However, some exceptions do exist under the American Competitiveness in the Twenty First Century Act of 2000 (AC21). At Charleston USA Immigration Law Center our attorneys can guide you through the process of obtaining this visa.

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