Canadian Model on US Website - ???

[GPallan]

I thought that due to the new 2257 regs and working visa issues etc that American content producers couldn't work with Canadian models?

How does that all work? Because I know of a US website that's recently worked with a Canadian model that I know of.

Thanks

Allan

[gaybucks_chip]

An American producer can work with a Canadian model under the following circumstances:

1. The producer travels to Canada (or anywhere outside the US) to shoot the content.

2. The model has a US government-issued ID (non-driver ID, drivers license)

3. The model has dual citizenship (though you would probably still want a US-issued ID

4. The model has a US work visa (green card), NOT a tourist or student visa.

Otherwise, in the brilliant logic that only the Justice Dept. can come up with, an identification document such as a Canadian passport or provincial insurance card which is valid if presented to the producer in Canada is suddenly, magically, not valid or reliable if presented to the producer in the US.

[gayporncowboy]

I suppose the arguement is he can't legally work in the USA, you know how tough we are on that in this country. Just ask my neighbors landscapers, pool boy, maids, nanny...

[chadknowslaw]

Here are the potential possibilities:

Some states issue Drivers Licenses and Non-Driver ID's without regard to citizenship or legal status. New York issues driver's licenses without checking citizenship, so he could have gotten a New York DL and the studio would still be 2257 compliant. They would possibly have run afoul of immigration regulations however! Damn illegals takin' our jobs......


The studio could have shot the model in Canada or in any non-US location and be 2257 compliant.


The model could have a green card allowing him to work in the United States.


The studio could have shot him in the US just accepting his Canadian passport. Then the studio would be in violation of 2257 regulations that are still not settled and likely in violation of immigration laws. As long as the model was over 18, I doubt a producer would ever be cited for a 2257 violation if the model was Canadian and there was a Canadian passport in the records. That is not legal advice, just my gut feeling.

[GPallan]

Thanks guys!

The model was definitely shot in the US at the producers studios, and I’m pretty sure the last thing this specific studio would do is jeopardize their company by working with a single Canadian model who was not compliant. So...from what you guys have mentioned, he MUST have a dual citizenship and/or a green card, right?

Thanks

Allan

[chadknowslaw]

Thanks guys!

The model was definitely shot in the US at the producers studios, and I’m pretty sure the last thing this specific studio would do is jeopardize their company by working with a single Canadian model who was not compliant. So...from what you guys have mentioned, he MUST have a dual citizenship and/or a green card, right?

Thanks

Allan

No, the model could have a US drivers license or ID card -- and have that ID legally, and the studio would be compliant with 2257.

If they had paid him less than $600 [I think that is still the threshold for reporting] they would not have asked him for citizenship or work documents, so they would have been compliant with just about everything except still hired a non-resident without work permit.