Is Homeland Security Cramping Your Style Total results: 8 Pages: 1 [ 1] |
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 ID: 182744 Posts: 1748 | Date: 2007-05-10 06:55 I have been having a problem lately and I am wondering whether other
photographers or agents are experiencing the same problems and if anyone has
come up with a solution or workaround.
Homeland Security and terrorism matters are making it much more difficult to
bring models from other countries to my location. I live in the United States of
America. For me to travel almost anywhere in the world is no problem. However,
my photography and my publications all tout a Caribbean theme. It is kind of
awkward to travel to other parts of the world to photograph a model for a
Caribbean scene.
Countries like England, France and Canada enjoy the privilege of visa waivering.
In other words, people from those countries and others similarly treatied, can
enter the United States at anytime and stay for six months just by purchasing a
plane ticket or driving across in the case of Canada. Countries that do not have
a visa waiver arrangement with the United States have to go through the whole
visa rigmarole.
Work and entertainment visa's a re notoriously difficult to get. Entertainment
visas are already expended well into next year, so that is no option. Work
visa...ha! Get in line.
So, how are photographers, agencies and models who see a potentially hot talent,
getting those models to travel? And help or suggestions, anyone? I am seeing
quite a few who I would like to work here, but the complications.... Have faith that the universe will unfold as it should  |
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 ID: 189228 Posts: 294 | Date: 2007-05-10 07:56 I wish I had some advice for you, but I just don't.
Though I do understand your struggles.
Going to Japan and staying as long as I'd like, let alone moving there is
difficult at best.
Since I no longer want to marry, EVER.
I have to get myself a practical degree if I want to have a slight chance of
getting a work visa.Everything I've done, and all that I have yet to do, is only to forget the meaning of your name. |
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ID: 182744 Posts: 1748 | Date: 2007-05-10 11:41 Japan? Never getting married? I missed the link.
Well, my brother's girlfriend is Japanese. She came over like ten years ago to
teach at a Maryland University. When she came, it was very easy for Japanese to
get work visas. She has since become a permanent resident although, the last
time she went back to Japan for a visit, She had heck with customs in Los
Angelos. My brother, traveling with her, entered and exited Japan like a breeze.
I guess he doesn't look Japanese so no one questioned his U.S. papers. Stamped
passport was all. Have faith that the universe will unfold as it should |
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| Date: 2007-05-10 12:42 Yes, this is definitely a problem. The US government has become totally paranoid
about letting anyone into the country, even returning citizens. It's an
ugly situation, motivated by a variety of stupid reasons and advertised as
"antiterrorism." Ridiculous, and an embarassment. Achhhh, what's happened to my
country?
Anyway, for information purposes only -
According to our legal counsel - hypothetically - one
could have a model or photographer enter on a tourist visa, and then work here
without doing the paperwork etc. that the law requires. This is of course
illegal, but it could happen. Hypothetically. No one is recommending that you
break the law.
Another route could be to make a request (perhaps with a campaign donation) to
your congressperson, who can then have the HSD regulations lifted for you on an
individual basis. This is done regularly, in many situations. Of course bribery
is illegal and wrong ...
Below is the relevant section of the US work visa law covering models.
Theo
-----------------------------
H-1B3 Fashion Model
The H-1B3 category applies to a fashion model who is nationally or
internationally recognized for achievements, to be employed in a position
requiring someone of distinguished merit and ability.
Petition Document Requirements
The petition (Form I-129) should be filed by the U.S. employer with:
A certified labor condition application from the Department of Labor;
Copies of evidence establishing that the alien is nationally or internationally
recognized in the field of fashion modeling. The evidence must include at least
two of the following types of documentation which show that the person:
Has achieved national or international recognition in his or her field as
evidenced by major newspaper, trade journals, magazines or other published
material;
Has performed and will perform services as fashion model for employers with a
distinguished reputation;
Has received recognition for significant achievements from organizations,
critics, fashion houses, modeling agencies or other recognized experts in the
field; and
Commands a high salary or other substantial remuneration for services, as shown
by contracts or other reliable evidence.
Copies of evidence establishing that the services to be performed require a
fashion model of distinguished merit and ability and either:
Involve an event or production which has a distinguished reputation; or
The services are as participant for an organization or establishment that has a
distinguished reputation or record of employing persons of distinguished merit
and ability. |
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ID: 182744 Posts: 1748 | Date: 2007-05-10 18:09 Thank you for your information. Fleurs.
As you can see, the proofs needed to import a model are severe. Most models on
this site could not meet the stringent requirements. Before 9/11, those proofs
were easily waived on a regular basis. Talent could be brought in from the
numerous countries in the Caribbean with just a telephone call and a few days
notice. Now, what with background checks, etc. it can be over a year. In this
business, such a period of time is deadly.
Furthermore, Homeland Security and Customs and Border Protection no longer take
the word of a photographer that appropriate talent could not be found locally.
There is no consideration of the fact that artistic merit, psychological impact
on our audience and model availability play important parts in our business.
Even events as large and famous as our annual Carnival have been having problems
hiring world famous entertainers from other countries who have traditionally
performed at these events. The VI Carnival Committee is now having to recruit
and sign contracts over a year in advance to comply with entry requirements and
give our country time to do background checks. This creates an additional
expense and hampers the ability to negotiate price with talent. Additionally,
there is more and more talent that does not wish a government prying into their
personal lives. And these are people who travel worldwide for a living. They are
choosing to find work elsewhere than in the United States.
So, what happens now is often people will come in on a tourist visa or visa
waiver and receive payment in cash so that it is off the books. Illegal, yes,
but ultimately the only way projects can be created on schedule.
I do not have any idea of any way to convince the federal government that
individual human beings looks are unique and not duplicable, that talent is also
unique and therefore the talent pool of available and appropriate models is
actually smaller than the large internet modeling community portrays to a
layman.
The additional burden is that talent can no longer be discovered overseas by a
U.S. company. Since a person has to be published before entry into the U.S.,
finding dynamic new talent overseas is fast becoming an impossibility.
I do not know what we are going to do. Have faith that the universe will unfold as it should |
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ID: 189228 Posts: 294 | Date: 2007-05-11 08:45 Carib Goodies:
What I meant was that for the typical US resident to do a long stay travel, move
to or attend college in Japan can be difficult at best.
Our vacation/tourist visa is very short in comparison to some other countries
(like Canada for one).
I like to go to Japan in general, and I'd like to move there.
But, for me being a US resident it would be next to impossible to get either
long term or permanent status in Japan unless I had my college degree and a
prior and indefinite job agreement.
Or I married someone who lived in Japan or was moving to Japan.
Hence why I said I don't want to get married. My s/o is looking to go back and
finish his degree and try to find work in Japan he knows more then I do by way
of working visa's.
If it were as easy as some other countries he would have already gone through
with it and be living there.
Seeing as how I don't have anyone from Japan barking up my tree saying "come
here to do modeling". I couldn't tell you what those specific restrictions would
be, but my guess would be equally as big of an annoyance or hurdle depending on
how long the model needed to be over there for.
I mention Japan because it's the only other country I have been to (Canada does
not count.) And it's where I am interested in working.Everything I've done, and all that I have yet to do, is only to forget the meaning of your name. |
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ID: 182744 Posts: 1748 | Date: 2007-05-11 12:04 Angel Cumbersom:
Carib Goodies:
I mention Japan because it's the only other country I have been to (Canada does
not count.) And it's where I am interested in working.
Ouch! Poor Canada, always picked on by us "Southerners"! Now they don't even
count! 
Well, my brother reports that Japan is very concerned about overcrowding and the
severe Americanizing of their youth.
It is a beautiful place, very crowded in Tokyo, very, VERY lovely around Mount
Fujiyama. But I consider the people and their habits extremely weird and quite
hard to fathom. The food is nice. Have faith that the universe will unfold as it should |
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ID: 189228 Posts: 294 | Date: 2007-05-11 13:00 Carib:
For years I thought the same thing.
I never wanted to go to Japan, it would be too much of a culture shock for
me!
But that went away and I've already been 2 times and hoping to return in
Aug/Sept.
In many ways I find Japan better suited to myself, my habits and ideals then I
do in the USA. Just by the way certain things are done, mannerisms, etc.
I enjoy their food, I've learned to cook quiet a bit of it at home and have a
sophisticated palette when it comes to sushi and sake. =p
While more then likely, if I did modeling in Japan it would take place in Tokyo
or Osaka, those are not my ideal spots for living.
Canada doesn't count, I don't need a visa to go there, I just drive through.
I'm not sure if I will ever, or can ever go back, I got in a lot of trouble
there the last time.
By way of customs, it's much easier to go through the whole flight process in
Japan then it is in the states.Everything I've done, and all that I have yet to do, is only to forget the meaning of your name. |
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