USCIS Clarifies Issues Regarding Agents as O Visa Petitioners

By: The Chander Law Firm

On March 24, 2011, USCIS Service Center Operations Directorate (SCOPS) and the Office of Public Engagement (OPE) held a stakeholder teleconference concerning the issue as agents acting as O visa petitioners.

The O visa classification is a nonimmigrant (temporary) visa for individuals of extraordinary ability in the science, arts, education, business, or athletics or who has demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

Regulations allow for an agent to file for an O visa beneficiary. In the past, there had been confusion as to the evidentiary standard required to demonstrate the agent is actually the employer of the beneficiary, is representing the employer and employee, or is authorized to act in place for the employer.  The teleconference and other updates were an attempt to provide clarification.

USCIS also clarified what constitutes evidence of a contract between the employer and beneficiary, including evidence of an oral agreement.  USCIS also provided information on the itinerary requirements, including clarification that an amended petition did not have to be filed for additional performances.

L:inks to all of the guidance is provided below. Parties interested in the O visa program should contact The Chander Law Firm for representation.

Related Links

USCIS, O-1 Visa: Individuals with Extraordinary Ability or Achievement.

USCIS, O Nonimmigrant Classifications Question and Answers.

USCIS, Executive Summary, “O” Nonimmigrant Visas - Agents as Petitioners Stakeholder Teleconference (Apr. 13, 2011).



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