Under current immigration law, fashion models usually enter the US in one of two categories.  For those who can prove that they have risen to the top of their field, they can qualify for an O-1 visa.  The vast majority of fashion models apply for the H-1B visa, which is available for models of distinguished merit and ability.   

However, the H-1B category is limited to 65,000 visas each year, forcing fashion models who are pursuing H-1B status to also compete with physicians, scientists and other workers with at least a bachelor’s degree.  According to USCIS statistics, there are approximately 800 H-1B visas annually granted to fashion models. 

Each year, H-1B applicants can apply no earlier than April 1 for employment to begin no earlier than October 1.  In past years, the H-1B category was filled within the first few days of the opening of the application period.  This year, US Citizenship and Immigration Services (USCIS) received too many H-1B applications between April 1 and April 7, requiring USCIS to hold a lottery to randomly draw who will receive an H-1B visa to work in the US. 

Limiting the number of H-1B visas, thereby limiting the number of fashion models who can work in the US, has affected other areas of the fashion industry.  If a US client wants a specific foreign model, the fashion shoot can be moved to a location outside the US.  However, this means the other American workers involved in the photo shoot will lose the job, such as photographers, makeup artists, hair stylists, set designers, art directors and food service workers. 

However, there may be a solution to the annual limit on fashion models in the form of proposed legislation, HR 4080, which would remove fashion models from the H-1B category, and require them to use the P-1 visa.  The P-1 nonimmigrant visa category is used by athletes and internationally recognized entertainers and has no annual limitations on the number of workers who can obtain the visa. While the bill did not move in this year’s Congress which has just adjourned (virtually no immigration bills did), there is hope that it will advance next year.

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