Who is an O-1 visa agent?
Your sponsor can also be an O-1 visa agent, which is defined as the following: 1 Your actual employer 2 Someone who professionally represents you and your employer 3 Someone who can act on behalf of your employer
Can a US citizen apply for a foreign O-1 visa?
However, the agent must be a U.S. agent in order to be able to petition for a foreign beneficiary. The above information is primarily for those who are interested in obtaining an O-1 visa through their extraordinary ability, or O-1 beneficiaries.
Can a group member qualify for an O-1 visa?
Being a member of a group or team will not, by itself, qualify someone for an O-1 visa. In addition, the person must be coming to the U.S. work or perform at an event or a series of events in the area of extraordinary ability.
What is the difference between O1b and O2 visa?
O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry; O-2: Individuals who will accompany an O-1 artist or athlete to assist in a specific event or performance; and O-3: Individuals who are the spouse or children of O-1 and O-2 visa holders.
How do I get sponsorship for O-1 visa?
To be the sponsor of an O-1 beneficiary, the agent or employer must provide the USCIS with a number of documents, including a signed contract outlining the beneficiary's employment, information about the company and its history, and an itinerary of dates if the beneficiary is touring the country for work.
Can you sponsor yourself for O-1 visa?
Typically, an O-1 visa requires an employer, who is not the applicant, to sponsor them. However, entrepreneurs can petition for themselves if they own the company that acts as the petitioner.
Is O-1 visa employer sponsored?
While other work visas often require an employer to be the sponsor, this is not necessarily true in the case of the O-1 visa. Most beneficiaries are still sponsored by their company or employer, but others are sponsored by an individual United States citizen or permanent United States resident who acts as an agent.
Who qualifies for O-1 visa?
Broadly speaking, the person must have received national or international acclaim in a particular field, or, if working in motion pictures or television productions, have a demonstrated record of extraordinary achievement. O-1 visas can be given only on the basis of a person's individual qualifications.
Who can be an O-1 petitioner?
U.S.-based employers, agents, managers, sponsors, presenters, and organizers may all file O-1 petitions. The principal obligation that these individuals or entities assume in so doing is representing to USCIS, under oath, that the contents of the petition are, to the best of their knowledge, true.
Are O-1 visa hard to get?
The approval rate for O-1 visas is quite high and generally between 80% and 95%, depending on the service center.
How much does it cost to sponsor an O-1 visa?
3. Pay the O1 Visa Fee. Everyone who applies for a US visa must also pay a visa fee. Because the O1 visa is petition-based, the application fee is $190.
Is O-1 visa tied to a company?
The O-1 Visa is Transferable Between Employers While it's understandable that some employment situations do not work out, in order to legally switch employers, the foreign national would need the prospective employer to file an O-1 Change of Employer Visa petition on behalf of the beneficiary.
Can spouse of O-1 visa work?
Unfortunately, O-1 spouses are not permitted to work in the United States. Taking up employment will be a violation of your visa status and may affect your stay, leading to heavy penalties under immigration law. If you want to work, you will need to change your status to a work visa category, such as an H-1B.
Is O-1 better than H-1B?
The H-1B visa is a good fit for foreign nationals in the early to mid-stages of their careers who hope to expand their experience by working in the U.S. The O-1 visa, on the other hand, is generally suited for people who have already advanced in their profession.
How much does an O-1 visa cost?
The standard processing fee of an O1 visa is $460. If you opt for premium processing, you will have to spend an additional $1,410 on top of the standard fee. The USCIS holds the right to either approve or deny your case. It can also ask for additional evidence (RFE).
How long O-1 visa takes?
about 2 weeks to 3 monthsAs stated, current processing times for O1 petitions with USCIS range from about 2 weeks to 3 months. The application process for an O1 visa involves submitting all required supporting evidence, along with the form I-129 and the I-129 O Supplement.
What is an O-1 visa?
The O-1 is a special nonimmigrant visa for those foreign nationals that can be classified as extraordinary. Part of the extraordinary nature of this visa is that you can have an O-1 visa agent represent you, provided some criteria are met. This post will help you better understand the rules surrounding an O-1 visa agent whether you are a beneficiary looking to hire an agent or someone who wants to become an agent themselves.
What is an O-1 visa lawyer?
Our O-1 visa lawyers specialize in helping extraordinary people immigrate to the U.S. We will not only give you expert advice on the kinds of evidence you need to submit, but we’ll also handle your filing and address any obstacles that might come up along your journey.
Who Can Sponsor You?
Even though the O-1 is technically an employment-based visa, your sponsor does not necessarily have to be your employer. Your sponsor can also be an O-1 visa agent, which is defined as the following:
What is the O-1B subcategory?
O-1B: This subcategory is for those that have achieved the extraordinary in art, film, or theater. You can qualify by showing that you have at least three of the following achievements.
What is an O-1A award?
O-1A: This is for those that can demonstrate extraordinary achievements in science, business, athletics, or education. A well-recognized international award such as a Nobel Prize or Olympic medal. A less well-known award that is nationally or internationally recognized.
What to include in an immigration agreement?
This agreement should include the wages that were agreed upon as well as any other terms and conditions.
How long can you stay on an O-1?
If your O-1 petition is approved, then you will likely be granted an initial period of stay of three years with the opportunity to extend it indefinitely until your project in the U.S. has been completed.
What is the problem with O1 visa?
One of the biggest problems with the O1 visa is the terminology used in the legal statute. Many times when they refer to “employment” or “employer” they are referring to it in the typical context of work visas and traditional employment arrangements which are completely contrary to the non-traditional needs of artistic industries in the US.
Who can be an O1 agent?
Agent for O1 visa purposes? A US agent may be the actual employer of the beneficiary or the representative of both the employer and the beneficiary or a person or entity authorized by the employer (s) to act in place of the employer (s) as its agent. Any of the above provides a multitude of options and flexibility for US Agents, representatives and actual employers.
Is an agent an employer?
USCIS says that an Agent is acting as an employer if the terms and conditions of employment show a level of control over the beneficiary’s work being relinquished to the agent, and then the agent may establish that it is performing the function of an employer.
Can an O1 sponsor be a US agent?
In conclusion, the US Agent as O1 sponsor is a viable option for many O1 visa petitioners, but the proper care and preparation needs to be taken prior to filing any petition. As always, consult a qualified US immigration attorney prior to taking any action.
Can an agent be a petitioner?
The regulations allow agents to be petitioners in a few different scenarios: (1) A U.S. agent can file for traditionally self-employed workers (actors, performers, musicians etc…), or workers who use agents to arrange short-term employment with numerous employers.
Do you need to provide information for an O1 visa?
Hence, any O1 visa applicant should provide sufficient information concerning future work with as much specific information as possible.
Can an O1 visa be filed by an employer?
Many O1 visas are filed by traditional employers, where the beneficiary will be performing one specific job throughout the time of their visa with just one employer. But what about those times where it’s not a traditional employer/employee relationship, more specifically, when can a U.S. agent file as a petitioner for an O1 visa beneficiary?
Who Sponsors an O-1 Visa?
To get an O-1 visa, you need a U.S.-based agent, because foreign individuals can't petition for themselves. This agent can be a U.S. employer, a foreign employer working with a representative in the U.S., or a person who represents several employers. This last option lets someone who works on contract or commission work in the United States without being a traditional employee. In fact, a U.S. agent is the only way for multiple employers to petition together instead of separately.
What Is the O-1 Visa?
The O-1 visa is a temporary work permit for those with extraordinary talents or skills. It's an easy visa to get, but only if the job is set up ahead of time and the person doing the job has special skills that the position needs.
How Does the O-1 Visa Work?
The O-1 visa offers a lot of permissions you can't always count on otherwise. With this visa , you can live and work freely in the United States, at least as long as you stick with one job and keep up your relationship with your sponsor. You can also study as a part-time student if you want.
How Long Does an O-1 Visa Last?
An O-1 visa can be very short, or it can keep going indefinitely. It all depends on what the job is that the applicant wants and how long that job will last.
What happens if an O-1 visa ends?
Also, if the O-1 visa ends because the job does, the employer has to pay for the visa holder to go back home unless the holder resigns. Another distinction is that O-1 visas apply to almost every profession.
How long does it take to get a visa for a spouse?
You should also expect the process to take six to seven months, so plan with that in mind.
How long does it take to get an O-1 visa?
The employer or U.S. agent is responsible for legal and filing fees for the petition, but the visa applicant is responsible for visa fees and dependent costs like moving the spouse and children. You should also expect the process to take six to seven months, so plan with that in mind.
What is an O-1 visa?
O-1 visa is a non-immigrant visa for individuals who have extraordinary ability in the field of science, education, business, athletics, arts, or who have an extraordinary achievement in motion picture or TV industry.
Can I be the sole owner of an O-1 visa?
Yes. You can be the majority/sole owner of the U.S. company that is sponsoring you for the O-1 visa. If you have a U.S. company that will be sponsoring you for an O-1 visa (but this is not required as explained above), you can be the sole owner. Do I have to have an offer of employment?
What is required to get an O-1 visa?
To meet the O-1 visa standards, the applicant must be able to show extraordinary ability and receipt of sustained national or international acclaim for it. This can be demonstrated if the person has gotten a major internationally recognized award, such as an Olympic medal or a Pulitzer Prize, or has accomplished at least three of the following:
What is an O visa?
Short-term employment visas are available to certain foreign-born people doing specialized work in the U.S. , including the O visa for outstanding workers in the sciences, arts, athletics, education, or business.
How long can an O visa be granted?
O visas will be granted for the length of time necessary for a particular event, up to a maximum of three years, with unlimited extensions in one-year increments.
What is the eligibility criteria for a short term work visa?
work visas available to people with job offers to do outstanding work in the sciences, arts, athletics, education, or business.
What happens if the above criteria do not apply to the applicant's occupation?
If the above criteria do not readily apply to the applicant's occupation, the company filing the immigration petition may submit comparable evidence to show how "extraordinary" the person really is. The company should take care to explain exactly why the above criteria do not apply to the applicant.
Who can help you with immigration?
You might also wish to consult an immigration attorney for a full personal analysis of your eligibility, and for help with the application process. Nolo's Lawyer Directory can help you find an expert attorney who fits your needs. Look in particular for an attorney with expertise in business immigration law (even immigration law has many subspecialties within it).
Can an O visa be used to work in the US?
Some of the advantages and disadvantages of the O visa or status include: O visa holders can work legally in the U.S. for the O visa sponsor. If, however, the worker wants to change jobs, a new visa is necessary. O visas can be issued fairly quickly.
Who can sponsor an O-1 petition?
If you are a qualified artist, producer, composer, actor, etc. and you have a professional agent who can represent you for your work in the U.S., the agent can sponsor your O-1 petition. Agents with experience in a specific industry as a professional agent will then also be able to find and refer appropriate work to you in your field of expertise.
What is an O-1 agent?
A U.S. agent and/or manager may be (i) the actual employer of the O-1 beneficiary, (ii) the representative of both the O-1 employer and the O-1 beneficiary or (iii) a person or entity authorized by the employer to act for , or in place of, the employer as its agent to file the O-1 visa petition.
Can I work for multiple employers on an O-1 visa?
Often when a prospective beneficiar y seeks O-1 status, he or she may be looking to work for more than one employer within the same time period for which the visa applies. For instance, the beneficiary might want to perform multiple services and jobs, presenting a situation where there is only one O beneficiary, but the possibility of multiple employers. In such cases where the beneficiary will be working for multiple employers, either each employer may file a Form I-129 on behalf of the beneficiary with each respective USCIS Service Center that has jurisdiction over the employment, or an authorized agent can petition on behalf of the beneficiary and multiple employers, as long as several conditions are met. The latter is usually the more practical and common route that most beneficiaries prefer to take.
Can an O-1 petitioner be an agent?
This essentially means that if you wish to designate an acquaintance, friend or business associate to serve as your “agent” petitioner for the purpose of the O-1 petition, it is perfectly allowed by the regulations, provided that you and your employer (s) authorize this individual to represent and act on behalf of you and your multiple employers. In choosing this route, it is important to note that there are specific evidentiary requirements that must be met. These may include documentary evidence establishing the agent-artist relationship along with the terms and condition governing the relationship, as well as between the agent and multiple employers. However, it is not required that the agent-petitioner demonstrate that it normally serves as an agent outside the context of the O-1 petition.
Is an agent required to file an O-1 petition?
However, it is not required that the agent-petitioner demonstrate that it normally serves as an agent outside the context of the O-1 petition. For instance, a petition involving multiple employers may be filed by a person or company in business as an agent if: (1) the supporting documentation includes a complete itinerary of the events;
Is an O-1 agent an agent?
This requires that the petitioner show that it is in business as an agent but only for the limited purpose of the O-1 petition, i.e. that the agent is authorized to act as an agent for the multiple employers for the purpose of filing the O-1 petition. Lastly, evidence tending to establish that the agent is “in business as an agent” includes ...
Can an acquaintance be an agent on an O-1 petition?
This essentially means that if you wish to designate an acquaintance, friend or business associate to serve as your “agent” petitioner for the purpose of the O-1 petition, it is perfectly allowed by the regulations, provided that you and your employer (s) authorize this individual to represent and act on behalf of you and your multiple employers.