The material presented here is primarily for O-1 beneficiaries who are interested in applying for an O-1 visa based on their remarkable ability. We will now concentrate on people who want to act as agents for O-1 visa beneficiaries and employers.
Filing as an employer is different from filing as an agent. You will have to provide the USCIS with more proof to prove your authenticity and your position as an agent. For instance, you must demonstrate in accordance with section 8 CFR 214.2(o)(2)(iv)(E) whether you are filing on behalf of a foreign employer, another employer who is not the beneficiary’s functional employer, or the beneficiary’s employer. Talk to your immigration attorney to ensure that you are adhering to the requirements.
Keep in mind that you will need to show the beneficiary the contract that you have with them. The agreed-upon wages as well as any other terms and conditions should be stated in this contract. Although the description of the terms and conditions must be presented as supporting documentation, this contract may be established orally or in writing. Your summary of the contract will be a crucial consideration in determining whether or not your agency is genuine because these decisions are made on a case-by-case basis.
Furthermore, you are not required to represent this employer’s interests exclusively. During this time, you may represent other employers. On the other hand, you are not need to have a reputation as an agent outside of this petition in order to be eligible. In essence, the benefactor could not be your only customer.
One of the few visas that permits a beneficiary to work for their own business is the O-1 visa. If the beneficiary owns all or a portion of a foreign company, that company may serve as the beneficiary’s employer provided that the petition is submitted by an authorized U.S. O-1 visa sponsor agent.
Working for more than one employer
The beneficiary of an O-1 visa frequently works for multiple firms, occasionally jumping between them as a project proceeds. What does it matter if you wish to sponsor someone who has multiple employers?
The USCIS published a memo in 2009 that explained the specifics of this situation. It states that “unless a U.S. agent files the O or P-1 petition, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services” if the beneficiary will work concurrently for more than one employer within the same time period.
Because of this, if the recipient will be working for several employers while in the country, it is clearly advantageous to use a U.S. agent rather than the direct employer.
However, there are a number of restrictions placed on petitions submitted by acting agents as opposed to direct employers, particularly when working on behalf of many employers. As follows:
You must submit an itinerary detailing all the occasions and pursuits the beneficiary will partake in while in the United States.
Include all of the locations where the events or activities will take place, together with the names and addresses of all the employers engaged.
The contracts between you and the beneficiary, as well as those between the beneficiary and their employer, must be provided. The terms and circumstances of these contracts should also be explained.
Having an O-1 Agent for Multiple Employers or Foreign Employers
Having a U.S. agent for an O-Visa can be particularly beneficial if you have many employers for your O-Visa petition, as is frequently the case for artists, or a foreign employer. Choosing a U.S. agent is a smart move if you work for many companies and one employer might not want to handle your petitioning while you are also employed by other companies. acts.
What services can a U.S. Agent do for you in relation to the O-Visa Petition?
The Beneficiary may file a petition through a U.S. agent. An agent is a person who represents you and submits the petition on your behalf. When the terms and conditions of employment indicate that the U.S. Agent will have some control over the Beneficiary’s work, the agent may claim that it is acting in the capacity of an employer in particular situations.
When is a U.S. Agent petition acceptable in place of an actual Employer?
The following circumstances are permitted by the regulations for agents to file petitions:
A U.S. agent may file on behalf of typically self-employed individuals, individuals who use agents to secure temporary employment with a variety of employers, and an international employer who has delegated authority to a U.S. agent to act on their behalf.
Who could be the O-1 Agent?
The American agent could be:
- The beneficiary’s true employer
- The beneficiary’s and employer’s respective representatives
- A person or organization that has been given permission by the employer(s) to act on the employer(s) behalf.
What conditions must be met before hiring a U.S. Agent?
A petition submitted by an agent must meet a number of requirements. A person or firm operating as a U.S. Agent and acting as an agent for both the employers and the beneficiary may file a petition involving numerous employers if the following conditions are met:
- A detailed schedule of the event or events is included in the supporting documentation
- The schedule includes the dates of each service or engagement, the names and addresses of the real employers, and the names and addresses of the businesses, venues, or locations where the services will be provided
- The agent explains the terms and conditions of the employment and gives any necessary papers, along with the contracts between the employers and the recipient