USA IMMIGRATION NEWS

Agent Filing Requirements Clarified for O and P Visas

Monday, 26 October 2009

Recently the United States and Immigration Service (USCIS) clarified the requirements for agents interested in filing as petitioners for the O and P nonimmigrant visa classifications.

Under the O nonimmigrant visa classification aliens with extraordinary ability in the field of sciences, arts, education, business, athletics, motion picture or television may enter the United States temporarily to provide their services.

The P nonimmigrant visa classification permits internationally recognized athletes, entertainment groups and their support staff to enter the U.S. temporarily for the purpose of performing in a competition, event or performance. The athlete may perform individually or as part of a group or team. In addition, in order for the support staff to qualify for the P visa, they must perform with or be an integral part of the entertainment group. Moreover, the athlete, entertainment group or athletic team must have been recognized internationally as being outstanding in their discipline for a sustained and substantial period of time.

Foreign nationals interested in obtaining an O or P visa must have a petition submitted to the USCIS on their behalf by a U.S. employer, U.S. agent, or foreign employer through a U.S. agent.

If an athlete or entertainment group intends to work for multiple employers while in the U.S. the employers may have an agent submit one petition on behalf of all of the employers. However, USCIS has received numerous inquiries involving petitions that name multiple employers, and are filed by one of those employers on behalf the other employers. The main deficiency with these petitions is that the employer filing the petition is usually not an agent. USCIS does not consider such filings to be permissible under the regulations where the petitioner does not establish that it is "in business" as an agent. As such, the USCIS has issued clarifications for employers wishing to utilize this method of filing.

When employers file a petition through an agent the petition is subjected to several conditions. Mainly, the petition must be filed by a person or company that is in business as an agent and that agent must then legitimately serve as the representative for all employers and the beneficiary. In order for an agent to submit a valid petition, it must consist of the following:

• Supporting documentation including a complete itinerary of the event(s).
• The itinerary must specify the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• A contract between the employers and the beneficiary.
• An explanation from the agent of the terms and conditions of the employment.

In addition, the USCIS expounds that an agent who is also the beneficiary's employer may file a petition, provided the agent specifies the wage offered and the other terms and conditions of employment as described in the contractual agreement between the agent/employer and the beneficiary employee.

If you are interested in Visas to USA, contact Migration Expert for information and advice on which visa is best suited to you. You can also try our visa eligibility assessment to see if you are eligible to apply for a visa to the United States of America.