If you have multiple employers for your O-Visa petition, which is often the case for artists, or a foreign employer, having an U.S. agent for an O-Visa can be very helpful. In the case of multiple employers, where one employer might not want to take on the responsibilities of petitioning for you while you are also employed by other employers, choosing an U.S. agent is a good option.
What can an U.S. Agent do for you for the purposes of the O-Visa Petition?
An U.S. agent can petition for the Beneficiary. An agent is someone who acts on your behalf and files the petition for you. In some cases an U.S. Agent acts as an employer if the terms and conditions of employment show a level of control over the Beneficiary’s work being relinquished to the U.S. Agent, and then the agent may establish that it is performing the function of an employer.
When can you have an U.S. Agent petition for you instead of an actual Employer?
The regulations allow agents to be petitioners in the following scenarios:
- A U.S. agent can file for traditionally self-employed workers or workers who use agents to arrange short-term employment with numerous employers; and
- A foreign employer who authorizes an U.S. agent to act on his/her behalf.
Who can be an U.S. Agent?
The U. S. agent may be:
- The actual employer of the beneficiary;
- The representative of both the employer and the beneficiary; and
- A person or entity authorized by the employer(s) to act in place of the employer(s) as its agent.
What are the requirements for using an U.S. Agent?
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 the business as an U.S. Agent that acts as an agent for 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 establishments, venues, or locations where the services will be performed;
- The contracts between the employers and the beneficiary are submitted; and
- The agent explains the terms and conditions of the employment and provides any required documentation.
Can your Immigration Attorney be your U.S. Agent?
Absolutely! Your Immigration Attorney can act as a U.S. Agent, and petition for you, for the limited purposes of filing the O-Visa. This means your U.S. employers and you will authorize your Immigration Attorney to file the O-Visa petition as the U.S. Agent. It is important to note that your Immigration Attorney does not act as your agent in any other way, beyond the filing of the O-Visa petition, which is different from when you may have an actual industry agent who represents you.
Contact us to learn more about using an U.S. Agent for your O-Visa petition.