The H-1B3 visa is available to models who can demonstrate a reputation of distinguished merit and ability. However, the H-1B is restricted to 65,000 visas per year and last year over 250,000 applications were filed. Unless a model already has H-1B, a petition must be filed by April 1st and the model cannot begin working until October 1st. This timeline is critical and often does not accommodate the fashion field. It is also important to note that an individual can only remain in H-1B status for a period of 6 years. However, there are exceptions for individuals in the process of applying for permanent residence in the United States. 

On the other hand, the O-1 visa is a great option for fashion models and has many advantages. An individual can apply for an O-1 at any time during the year and there are no visa quotas as there are with H-1B visas. O-1 classification can be extended indefinitely—as long as the model continues to work in their field and has a petition sponsor.

An important fact about the O-1 nonimmigrant visa is that the standard of eligibility is higher than the H-1B3. The model must be able to demonstrate that he or she has a reputation of distinction. This requirement can be met by submitting evidence such as: magazine tear sheets, ad campaign work, runway photos, press articles, awards, and high rates of compensation. It is also helpful to demonstrate that the model has worked with distinguished model agencies abroad and to provide testimonial letters from prominent individuals who can confirm the model’s extraordinary reputation and work history. The model must have an agent to sponsor the visa petition as well as an itinerary of upcoming work in the U.S.