Expert: Kitty Kavey - 1/31/2010

Question
QUESTION: Hello Dear Kitty! I hope you may help me.I have a guestion. If I will be in US with J1 visa and some model agency will employ me, if they are able to apply petition for my H1B visa? for me to change my status?? Is it possible? I am 21, soon graduate from University. Have experience of work as model. I will be happy to have any notice from you Kitty. Best regards, Kristina.

ANSWER: The laws regarding immigration and work permits seem to change every year, but as far as I know if you are considered a fashion model "of distinguished merit and ability" (Wikipedia) they could apply on your behalf for an H-1B Visa as your sponsor, perhaps.  

You could consult an immigration attorney to ask how long it takes/how much it costs.  To determine what they mean by distinguished merit and ability the ML Law US Immigration website lists the following info:

Prominence in the field of modeling can be shown through documentation and evidence of any two of the following:

1.National (can be models home country) or international recognition evidenced through critical reviews or articles;
2.Recognition by experts/critics in the field of modeling as having prominence and merit;
3.Having performed for employers, or having participated in projects that have distinguished reputations; or
4.Showing that the model has/commands a high salary as compared to others in the industry.

There is a limited number of applications per year that can be filed, so you should also ask the attorney when you need to file for the coming year.  There are a number of attorneys here on AllExperts, and you can also ask your agent or the agency you are considering if they will apply on your behalf.

Good luck to you,
~Kitty

---------- FOLLOW-UP ----------

QUESTION: Thank you very much Kitty!!! And some other question. The thing is, as i know applications sends to USCIS in August,1, to take the number. But still im study and if im successful go to US with J1 it will happen in June-July. Is it means that even if i have a visa sponsor as agency, i have no chances to get my number,no matter how hard I try, as it will close already??
Thank you very much Kitty, for any of your advises!

Answer
No, it's a yearly application number - so if your agent/sponsor misses one date, then you can apply the next year.  Here's an article that might help when you take it to your attorney or legal consultant: http://www.newmodels.com/visa.html

As the laws change every year, you will need to consult with an immigration attorney or immigration expert in order to determine what the laws are for 2010 (and beyond.)  The article link I gave you is from last year.  Also, it depends on how many people apply each year on whether or not the cap is reached for each type of Visa.  It may also be a factor which country you are coming from as well - as some countries have special arrangements with the US that can make things easier.  You can contact your embassy for that, or it's possible that the immigration attorney will know.

Good luck to you,
~Kitty