Call Us Today: 202-787-1944


Immigration News
Changes in immigration that impact your life.

Home  >  Immigration News  >  News Archive  >  USCIS  >  News Article

News Jump: 


USCIS Factsheet: Requirements for Agents Filing as Petitioners for the O and P Visa Classification
ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

Background

USCIS has received inquiries from the public and at the Service Centers that reveal confusion regarding the circumstances under which an agent may file O and P petitions on behalf of multiple employers.

Discussion

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent.

Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition. See 8 CFR 214.2(o)(2)(iv)(B) and 8 CFR 214.2(p)(2)(iv)(B).

A petition filed by an agent is subject to several conditions. A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

  • The supporting documentation includes a complete itinerary of the event or events.
  • The itinerary specifies 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.
  • The contract between the employers and the beneficiary is submitted.
  • The agent explains the terms and conditions of the employment and provides any required documentation.

See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2). In addition, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify 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. 8 CFR 214.2(o)(2)(iv)(E)(1) and (p)(2)(iv)(E)(1). Therefore, while the regulations permit an agent to file a petition on behalf of multiple employers (including the agent/employer itself), the regulations require that the agent be “in business” as an agent.

An employer that files a petition on behalf of other employers under the guise of being such employers’ “agent” does not meet this condition. For example, if Employer A files a petition for a beneficiary it will be sponsoring, and submits an itinerary that includes performances for the beneficiary with other employers, at different times, and at different venues, USCIS generally would only approve the petition for Employer A and deny the petition with respect to the other employers.

Such a petition may be approved with respect to all employers only if Employer A can establish to the satisfaction of USCIS that it is “in business as an agent,” and that the other employers are its clients. This may be accomplished by agent-Employer A submitting all of the required evidence listed above, as well as evidence of the agency relationship, such as a copy of its contract with the other employers.



ARTICLE TOOLS
Print This Article
Discuss This Topic
Create News Alerts



MORE USCIS STORIES:
Change In Filing Address For Certain H-1B and H-1B1 Petitions
FY 2017 H1B Cap Update: USCIS Returns Petitions Not Selected in the H1B Lottery
Nebraska Service Center to Accept Certain H-1B1 and H1B Petitions
Form I-129 Petition Seeking Extension of Status or Change of Employer Pending for Over 210 Days: Petitioners May Now Submit Inquiries With USCIS
More >>

TOP STORIES:
USCIS October 2016 Visa Bulletin Update
Visa Bulletin October 2016: EB-2 and EB-3 Priority Dates Advance For All Countries
USCIS September 2016 Visa Bulletin Update
Change In Filing Address For Certain H-1B and H-1B1 Petitions
More >>

News Jump: 

U.S. Immigration Attorney - Consult Now!

IMMIGRATION CENTER
Immigration Services
  Fast, Easy and Economical Avoid Costly Immigration Errors!
Immigration Guide
 Know Your U.S. Immigration Options
Immigration Law FAQ
 Detailed Answers to Your Immigration Questions
Immigration Articles
  Interesting and Useful Articles on a Variety of Relevant Topics

How can we help you?
MESSAGE BOARDS
How do I fill Form I-129?
When do I start Green Card?

Discuss US Immigration
NEWSLETTER - FREE!
Receive latest immigration updates and free legal tips by e-mail. Sign up now!
IMMIGRATION DICTIONARY
Legal terms explained in plain English!
RELATED ARTICLES
H1B Address Change of Work Locations: When Do You Have To File H1B Amended Petitions?
H1B Visa Lottery 2016: Improving Your Odds of Success
H1B Visa Cap 2016: Things You Must Know
Filing H1B Cap 2017 Petitions:How To Get A Head Start With VisaPro’s H1B Visa 2017 Timeline
H1B Cap Exempt Employers: How Do You Find Out If You Qualify?
H-1B Cap Has Reached:How Do You Hire H-1B Cap Exempt Candidates?
2017 H1B Cap Petitions:How To Properly File With USCIS
H1B Cap Exempt – Are You Eligible?
5 Common H1B Cap 2017 Filing Mistakes - How to Avoid Them
H1B Cap 2017 Filing Secrets: Why You Should Plan Now?
More Articles...

CONSULT ATTORNEY
Get a detailed, written opinion online in less than 3 business days from a licensed immigration attorney.
Experienced Immigration Attorneys - Consult Online or By Telephone

YOUR SUBSCRIPTIONS
Alerts & Newsletter
Create and Manage your
e-mail alerts for FREE.
RSS