subject: Requirements For Agents Filing As Petitioners For The O And P Visa Classification [print this page] To clarify the regulatory requirements for agents who file as petitioners under O and P visa classification, U.S. Citizenship and Immigration Services (USCIS) has issued guidance to performing arts associations and their members.
The inquiries received from the public and the Service Centers had brought to light a great deal of confusion regarding the situations under which an agent can file the petition on behalf of multiple employers. This is the reason behind USCISs move.
Foreign nationals with an extraordinary ability in arts, athletics, business, education, or sciences can apply for the O-1 visa. Whereas, internationally recognized athletes, entertainers, or circus artists participating in international events can apply for the P-1 visa.
According to the clarification, only a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent can file the O and P petition. The O and P petition states that, if the beneficiary employee works for different employers at the same period, then a petition should be filed separately by each employer. The petition must be filed with the Service Center that has jurisdiction on the area where the employee works.
There are certain conditions to be followed by an agent while filing the O and P petition. If there are multiple employers involved, then only the individual or the company in business as an agent working as a representative for both the beneficiary and the employers can file the O and P petition. While filing, it is mandatory to follow certain conditions, such as including the complete itinerary of the event in the supporting documentation. It should also have the dates of each service, and names and addresses of the establishments and the employers.
Even though an employer can file a petition on behalf of multiple employers, it is imperative that the agent be in business as an agent.
