Aaron29

Hi,

So I'm fairly new to posting in this thread and was wondering if somebody could give me their input. I know how difficult it is to get an US employer to sponsor you from the UK via a work visa so I was just exploring other options and stumbled upon this visa. I have an online fitness presence with a few hundred thousand followers on Instagram, I've been in the fitness capacity for about 7 years now and was wondering if that could help me move over to the US. I'm 33 years of age.

Could anyone please advise me whether this would be possible or any other avenues I could take to go there and work/stay for at least a year. I had family in California and fell in love with the place, unfortunately they decided to move back to the UK so not sure what my options are now.

Hoping someone can chime in.

Kind regards,
Aaron

SanDiegogirl

Can I get to the states with an extraordinary skills/Athlete/Artist visa?

Yes of course you can, if you qualify for such a visa. Would your fitness skills amount to extraordinary ability......

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those ...

You could always look at the H-2b visa which is for seasonal work.....

The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs. A U.S. employer, or U.S. employer, or U.S. agent as described in the regulations, must file Form I-129, Petition for a Nonimmigrant Worker, on a prospective worker’s behalf.

Aaron29

Thank you for your prompt response!

I mean I've been in the fitness industry for awhile and only now I've been thinking whether I could actually use it. I wouldn't know if having a big social media presence helps with that visa but it may be my only bet.

In regards to the H2b visa most employers require you already have one before applying for seasonal work so I've downloaded the application of the US immigration website. Need to speak to a god attorney to see if they could process the visa. But I really really want to move over, so these two visas may be my only option.

christmasoompa

If you're looking at a visa without a sponsor/employer, then I assume you mean the EB1A? So you'd need to meet several of the criteria, social media may help but won't be enough on its own. Any media appearances, or published material about you? Awards?

https://www.uscis.gov/working-in-the...reference-eb-1

Aaron29

Hi Chris,

Thank you for your response.

That's correct. I have a few articles in some local fitness magazines that may help, I'm not sponsored by any US supplement companies or anything but I have lots of recongintion in the fitness/bodybuilding space here in the UK. If they require international recognition then that's where I may not have the credentials.

christmasoompa

When you say 'local fitness magazines', do you mean UK wide? Might be worth a consult with immi lawyers to see if they think you'd have a good case. If it helps at all, we've just had O-1 and EB1-A petitions approved using Fragomen. They were extremely diligent, took 4 months of going backwards and forwards with them gathering evidence to put the strongest possible case together, but then the O1 petition was approved in 8 days and the EB1A in only 9 days, so their case was obviously pretty good! I'd recommend them, and if you search the forum you'll find other recommendations for lawyers with EB1A experience to speak to.

We did have to get a recommendation letter from somebody in the industry in the US (3 letters in total, at least 1 of those had to be from the US), plus provide evidence of speaking engagements and media stuff there, they said that was essential, but I don't know if that's the case for all industries or was specific to our case.

HTH, good luck.

Aaron29

Hi Chris,

Can I ask in what capacity you got the visa in? Was it also fitness?

Yes so I have had articles in two different publishing nationally. But I'm not too sure if that would be enough to make the cut. I have also modelled for a few fitness brands here in the UK in addition to the fitness side of things. Thank you for recommending me Fragomen, I've come across them before from somebody else who had an O-1 approved also so they seem to be pretty good at what they do.

All in all I think this visa would be my best bet. Education wise I do have a degree from a reputable university but from my understanding they only consider a masters/PhD level for sponsorship and even then employers are reluctant because they have US citizens with similar educational background and qualifications.

Fingers crossed let's see how it goes!

christmasoompa

It's actually my husband that got the visas, he works in the energy industry. Feel free to PM me if you want any more info about our case and what we submitted.

Pulaski

You may not be as far away as some might think, and having articles published in your area of expertise and being interviewed as an expert is the sort of thing that supports your claim to "extraordinary ability". One of the most notorious cases of someone who got a O-1 vias was a Playboy playmate, which gives you a clue as to how far "extraordinary ability" can be stretched by a well presented visa application. Sometimes I wonder what she included in her packet of supporting evidence of her extraordinary ability?

I would recommend that you have a consultation with an immigration lawyer experienced in obtaining O-1 visas to get a professional opinion on what evidence and records you will need to make a successful O-1 application.

All that said, I would be cautious about making a move to California as the cost of living there is extremely high, so unless you can leverage your "extraordinary ability" into making, at least, a very good, if not quite "extraordinary" level of income, you might need to rethink your dreams. In other words, It's nice to love where you live, but it doesn't pay the bills.

destone

Agreed. For example, in Venice (CA) there is a size-able group of South Africans who came as models (both males and females) on O-1 who have already got GC status. They now make a living as yogis and breathwork teachers.

S Folinsky

I agree that consultation with experience immigration counsel is a good idea. A few years back, the immigration history of a former model from Slovenia had become newsworthy. Here is a link to an excellent article from the BBC on the topic.

(I was sympathetic to the attorney Michael Wildes having to deal with the press. Not mentioned in the BBC article was whether or not unauthorized employment should’ve barred adjustment. IMHO, Michael should’ve not talked to the press at all. As an aside, Michael’s firm was established by his dad, Leon. Leon had represented Yoko Ono and John Lennon. Curiously, both John and Yoko were found to be of distinguished merit and ability under the former analogue to EB-1. See Matter of Lennon. That said, Mr. Lennon’s case had other problems)

S Folinsky

In the FWIW department, one of the most prominent immigration attorneys for professional models is from Capetown.

tht

While it’s a terrible analogy, I always give the Jamaican bobsled team example… you get specific enough and you can be the “best”…

While CA (SF/LA) NYC etc are high cost and not everyone can make it there are certain jobs that need you to be close to people.. I am already seeing people who thought they would be “remote” for life being recalled….

I moved to NYC as a “single”… (that did not last as long as I had hoped) my rent would have priced me out so I brought a place instead, and that’s now 100%+ “overwater” and I have moved to the burbs …. Lots of people figure it out… while I would not recommend a family do it… as a single the downside is pretty limited so why not give it a go…

Pulaski

IMO that is probably good advice under all circumstances. I have only once been personally solicited for information by the media, following an accident at the Goodwood Festival of Speed in June, 2000, resulting in the death of John Dawson-Damer and a track marshall. A small number of spectators, including Mrs P and me, were temporarily sequestered on the path through the woods near the hill climb finish line, while emergency services attended the accident, and access into the woods was also closed. When we were cleared to leave a marshall briefed us about the media posse waiting below the woods, back down towards the start. He told us we were free to speak to the media if we wanted to, but requested that we did not speak to them. As we filed out the media had their microphones ready and were asking what we saw. Everyone ahead of us said "No comment" and kept walking. We followed suit, and AFAIK the few following behind did too. The reality was that while we heard the accident, we saw nothing from where we were in the woods.
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SanDiegogirl

Melania came in as a model ...... there is a suspicion she might not have had a 'kosher' visa at the time, but, hey, she's done well ever since