There are various different types of agents that could work under current USCIS laws when it comes to O-1 petitions. The O-1 beneficiary’s actual employer, both the O-1 employer and the O-1 beneficiary’s representative, or (iii) a person or organization designated by the employer to act on their behalf or in place of the employer as its agent in filing the O-1 visa petition are all examples of U.S. agents and/or managers.
When a potential beneficiary files for O-1 status, he or she frequently intends to work for more than one employer during the same period that the visa is valid. When there is just one O beneficiary but the potential for various employers, the beneficiary can, for example, desire to perform multiple services and jobs. If the beneficiary will be employed by more than one employer, the employers may each file a Form I-129 on the beneficiary’s behalf with the USCIS Service Center that has jurisdiction over the employment, or, if certain requirements are met, an authorized agent may file a petition on behalf of the beneficiary and each employer. The latter is typically more useful and more common.
The agent can sponsor your O-1 petition if you are an eligible artist, producer, composer, actor, etc. with a competent agency who can represent you for your work in the United States. Agents who have worked in a certain business as a professional agent will then be able to identify and refer clients who need your skills.
Rest confident, nevertheless, if you do not have such qualified representation through an individual or corporate agent. It is not necessary for the petitioner to act as an agent outside of the framework of the O-1 petition, according to USCIS regulations. Essentially, this means that the regulations perfectly permit you to name a friend, acquaintance, or business associate as your “agent” petitioner for the purposes of the O-1 petition, provided that both you and your employer(s) have given this person the go-ahead to represent and act on behalf of you and your various employers. It’s crucial to remember that there are particular evidentiary criteria that must be satisfied if you choose this course of action. Documentary proof of the relationship between the agency and the artist, the rules controlling it, as well as between the agent and various employers, may be among them. However, it is not necessary for the agent-petitioner to provide evidence that it frequently acts in such capacity outside of the O-1 petition.
For instance, a person or business acting as an agent may file a petition involving multiple employers if the following conditions are met: (1) the supporting documentation contains a detailed itinerary of the events; (2) the itinerary specifies the dates of each service or engagement; (3) the contracts between each employer and the beneficiary; and (4) the agent clarifies the terms and conditions.
If two conditions are met and the agent is the beneficiary’s actual employer, the agent may file a petition on behalf of the beneficiary and other multiple employers. The contracts between the employers and the beneficiary are submitted, the supporting documentation includes a complete itinerary of the event(s), 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, and (4) the agent provides an explanation of the employment terms and conditions. The agent also needs to be “in business as an agent.”
This calls for the petitioner to demonstrate that it is solely acting as an agent for the specific purposes of the O-1 petition, i.e., that the agent has been given permission to represent the many employers in order to file the O-1 petition.
Last but not least, documentation tending to show that the agent is “in business as an agent” includes a statement confirming the pertinent information signed by the agent and all the employers, a document signed by the other employers stating that the agent is authorized to act in each employer’s place as an agent for the specific purpose of filing the O-1 petition, other forms of agency representation contracts, fee arrangements, and declarations from the other employees regarding the agent.
The O-1 is one of the most practical options for eligible people looking to work in the United States due to the flexible option of having an agent serve as the petitioner that allows working for various businesses.