Legal Question in Immigration Law in California

Immigration Law

Is there a limit on the number of

models that a modeling agency can

''sponsor'' for purposes of obtaining

their immigration papers? I am

working with one and so many of

the models need to be sponsored.

The president of the company

wants to help but doesn't know if

he can ...


Asked on 1/30/09, 2:13 am

6 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Re: Immigration Law

A company can sponsor as many models as it can legitimately claim and has the need for.

I used to handle H1B cases for Playboy before they took the processing in-house.

Feel free to call for a free consultation.

Armen

323*782*0099

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Answered on 1/30/09, 3:11 am
Larry L. Doan Law Office of Larry L. Doan

Re: Immigration Law

There is no limit as long as each fashion model is one of "distinguished merit and ability" and satisfies all requirements of the H-1B visa for models. However, if the number of H-1B models employed by the agency is above a certain percentage compared to the size of the entire workforce, the employer may be considered an "H-1B dependent employer." Such an employer has to attest that it has taken good faith steps to recruit U.S. workers (models in this case) for the job, and that they have offered it to any U.S. worker who applied that was at least as qualified as the H-1B nonimmigrant. It is going to be more hassle for the company to document these recruitment steps, not to mention increase the complexity of the case.

Larry L. Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 1/30/09, 10:59 am
Amy Ghosh Law Offices of Amy Ghosh

Re: Immigration Law

No there is no limitation as long as they have enough income to pay salary. www.amyghosh.com

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Answered on 1/30/09, 11:02 am
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Immigration Law

Yes, it is possible to sponsor many, but it's important to not have the appearance of discriminating against U.S. workers. The labor unions of the U.S. are a strong anti-immigrant lobby. They had recessed into the background during the go go years, but now that there is high unemployment, this will again become an issue. I think it is important to "package" or portray the facts to support the achievement and distinction of the models, elevating as many as possible to O-1 and EB-1 categories. These categories don't compete with U.S. workers. They operate at a higher level and thus are not in competition with them. I represent a lot of such people and I would be happy to discuss this with you.

For more information, write to me at [email protected] or check me out at http://www.yardum-hunter.com.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization

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Answered on 1/30/09, 11:02 am
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Immigration Law

As the other attorneys all said there is no limit per se, the main thing is working with a experienced attorney. Since we are in San Diego the cost of doing business is less and given the nature of immigration the paperwork can be done anywhere. Another advantage of San Diego is that we can meet people at the Port of Entry in San Ysidro. People can fly to Tijuana from all over the world by going through Mexico City.

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Answered on 1/30/09, 11:46 am
Rebecca White Law Office of Rebecca White

Re: Immigration Law

No, so long as there is a demonstrated ability to support the petitions financially, there is no limit. If you have further questions please let me know. Thanks.

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Answered on 1/30/09, 4:00 pm


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