An O-1 visa is a great option for famous sportsmen, artists, actresses, scientists, business professionals, and musicians who want to live and work in the United States. This non-immigrant visa permits holders to enter the US with a dual purpose, bring their spouse and children, and renew their visa as necessary. Those pursuing the O-1 visa for remarkable ability should know that they will require a sponsor to submit the O-1 visa petition.
Who May Sponsor an O-1 Visa?
- Your organization or employer. This is the most frequent and straightforward option for O-1 candidates. Whoever you will be working within the United States will provide the United States Citizenship and Immigration Services (USCIS) with some basic information about your employment, such as how long you want to stay and what you will be doing.
- An individual agent who is a US citizen or permanent resident. Unlike other work-related visas, your company is not the sole institution that may sponsor your immigration. Because the O-1 visa is often used by artists, singers, entertainers, and sports who are working on contract or touring the nation, an agent or manager is generally a preferable option for a sponsor.
The USCIS requires a signed contract outlining the terms of the O-1 beneficiary’s employment, information about the company and its history, and a schedule of dates if the O-1 beneficiary will be traveling throughout the country for business purposes from the agent or employer who is acting as the sponsor. For an O-1 visa, an LCA is unnecessary.
It shouldn’t be too difficult to find a sponsor if you have a job or series of jobs lined up within a three-year window in the United States, whether you have one official employer or are engaging in a series of gigs or performances in different locations across the country and are represented by a manager or agent. Contact a California visa attorney if you need help deciding who should sponsor you.
Who Should Hire an O1 Visa Agent?
Your job does not have to be located or originate in the US if you employ an O-1 visa agency. This implies that if your overseas employer intends to hire you in the US, it may appoint a US-based corporation to act as its agent in filing the petition.
Additionally, an O-1 agent can file for traditionally self-employed individuals or for workers who utilize agents to arrange temporary employment with a variety of employers.
Moreover, the o1 visa agent can file for O-1 beneficiaries seeking authorization to travel to the US for a specific event or performance in support of a single sponsor.
How to Hire an O1 Visa Agent? What to Look For?
Your O-1 visa agent or broker will act as the intermediary or the go-to person for you and your employer(s) and will be liable for you under immigration law. As a result, your O-1 visa agency must intend to engage with you in good faith and in accordance with the conditions of your contract.
When hiring an O1 visa agent make sure that:
- O1 agent is authorized by US government
- O1 agent is authorized by your employer
- Has the level of expertise required to be an O1 agent
- Needs to present evidence to USCIS to be your legal representative in US
- Is the legal link between you and your employer
- Is your employer
O1 agent finding is hard for someone that is looking to apply for an O1 visa. However, artists and musicians that have at least work lined up for at least 3 years can easily get a US agent to act as the O1 agent for their sponsorship.
Requirements for O-1 Visa Agents
Our attention will be directed at those who are interested in acting as agents for O-1 visa recipients and businesses.
A significant difference is using an agent rather than a business as the filer. You’ll need to provide extra documentation to the USCIS to prove your identity and status as an agent. Under 8 CFR 214.2(o)(2)(iv)(E), for instance, you must indicate whether you are filing as the beneficiary’s actual employer, filing on behalf of many employers that you represent for one beneficiary, or filing for an employer located outside the United States. Consult an immigration lawyer to be sure you’re doing everything right.
Don’t forget to bring the written contract you and the recipient have entered. The terms and conditions of the employment, including the agreed-upon salary, should be included in this document. This agreement may be verbal or written, but the terms and conditions summary must accompany any verbal agreement. A case-by-case basis means that your description of the contract will be taken into account when determining the legitimacy of your agency.
You also are not restricted to working with only one company as an agent. In this period, you are free to negotiate on behalf of other companies. Alternatively, being a well-known agent in other areas is not required. The recipient can be your single customer, or you might have others as well.
The O-1 visa is special because it permits its holder to be the only employee of the firm he or she founded. As long as the petition is submitted through a qualified U.S. O-1 visa sponsor agency, the beneficiary may have a foreign company in which he or she has full or partial ownership and operates as the employer.
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