Professional photographer travels a lot to the US for work..

[Web Betty]

Hello. What is your best advice for someone who is a professional photographer and travels a lot to the US? Many of my employers are U.S. based, Time, The New York Times, various ad agencies etc. (who pay the U.S. agencies who then pay me) but traveling to the U.S. and getting paid makes things really tricky. I am represented by one photo agency and two galleries in the U.S. who could help and would have no problem getting reference letters from various from photo editors. I was thinking about the O-1 or EB-2 but my intention is not to live in the U.S., I would only be traveling there often for shoots. In other words, I'd be working in the U.S. for various 'employers' but not living there. Should I even bother with a visa?

Your advice would be greatly appreciated.

[amyk]

Awesome question! And maybe mine can be answered in the same breath.

I will be the girl in the photographs/video taken in the US which will (in the future) require me to travel to the US locations and work for a US company(s).

I am desperately trying to gather ANY information about what KIND of working visa I require.

1) This work will require me to work for various different companies (referral from one company mostly)
2) I will be in the us 3-30 days at most
3) 10 working trips a year at most
4) I will make less than 10 000US year

Can I get sponsored by one company and work for others?

Do all the companies I work for be required to fill out a I-129? Then I have to wait for an issued I-797 from CIS before completing the work?

What type of visa do I need?

What forms are required to complete? (H1B-is for one company - but what about multiple)

help?

ANY responses are so much appreciated and thanks Web Betty for posting this!

[Steven]

If you work for a formal news organisation like the NY Times, best bet is probably an I visa. Not sure how it works for freelancers but I'm sure there is a way of doing it if you're working for a recognized name.

http://travel.state.gov/visa/temp/types/types_1276.html

Models are H-1B3 and it requires substantial evidence that you're a top-notch model, basically.

Generally how it works is the US model agency files the petition and you work for them. All the paperwork would be done by the agency, i.e. getting the labour certification done, filing the petition, etc. I assume the labour certification for a model requires some pretty strong bona-fides as obviously there are a lot of American models who can do the job.

I think H-1B3 is subject to the regular H-1B quota so that means you're not very likely to get it even if you qualify, I remember reading something about a Bill to have a specific 1,000 quota for models but it hasn't become law yet, I think.

You'd have to talk to a model agency in the US familiar with the process to get the real low-down on it.

[amyk]

Thanks for the tips!

It's really not a modeling gig per say, but rather a special "motorized" talent I have that American "models" have not been able to provide. And pix would taken for that, and used in advertising.

Hence the reason for a Canadian to be requested.

Would this fall into "merit and ability"?

I would be a "freelancer" as different companies are contracted out to do the still photography, video etc.

[Steven]

Well, you need a US sponsor who can do all the paperwork, which generally would mean a US model agency familiar with the process. I think they're the only ones who could really comment on whether your talents fit the requirements based on their experience with USCIS.

The real problem is the quota, as this year's quota was exhausted on April 7th. They'd need to file in October and then you'd have to hope your name gets picked when next April rolls around.

Basically H-1B is a lottery and your odds of getting one this year were about 1 in 3.

I think models used to be able to O-1 but as I dimly recall there was a crackdown a few years back because I remember a lot of moaning about it in the press.

[Web Betty]

Thanks for the information. The thing about the foreign media visa is that it seems to only be valid for the time of my stay, so I have to apply for one each time. I don't usually do this when I come to the US but the magazine or agency does get me a visa when I travel to other countries. I was hoping there was something I could do to avoid having to get one each time. My editorial work goes through one agency that I'm represented by while my ad work goes through my advertising reps. I was hoping that one of them could sponsor me for a visa (as I mostly get paid through them anyway) so that I can freely come and go. Is this possible, if so which one? The agency is putting me in touch with the lawyer but in the meantime I was hoping to explore some option.

Thanks again!