• Search
• Site Map|
• Contact Us|

On November 20, 2009, USCIS released a statement clarifying requirements for agents and sponsors filing as petitioners for O visas.

Under this memorandum, USCIS set forth acceptable evidence for agents petitioning on behalf of alien beneficiaries in cases where multiple employers are involved.

Unlike other employment based visas, an O-1 must be filed on behalf of an alien’s prospective employer. In some cases, an alien may be employed by more than one company or business entity within the same time period. If that is the case, then 1) multiple employers may submit separate petitions or 2) the beneficiary’s actual employer may act as an agent for all other prospective employers. In order to qualify as an agent, the petitioning employer must prove that it is “in business as an agent”. This particular requirement may have caused confusion in the past, as it brings up questions about how a petitioning employer can prove its ability to act as an agent. USCIS maintains that a petitioning employer does not have to show that it has acted as an agent in the past, but that it has the ability to serve as an agent solely for the purpose of filing an O-1 petition. According to this memorandum, the following evidence will suffice to prove that an employer can act as an agent:

1. If the agent submits a document signed by all of the beneficiary’s prospective employers stating that the agent has permission to act in place of the other employers
   
   
2. A document outlining all employers’ names and addresses and itinerary/timeline information signed by all prospective employers
   
   
3. Contracts, fee arrangements, and other such statements from employers giving the agent authority to act on each employer’s behalf  

To view the memorandum, please click the following link. The full PDF version is located at the bottom of the page.

An O-1 visa is a non-immigrant status reserved for aliens of extraordinary ability who excel in the fields of education, business, athletics, sciences, and the arts (including those in the television and motion picture industry). The requirements for an O-1 visa vary depending on what field a beneficiary works in.

An alien in education, business, the sciences, and athletics must demonstrate that he/she has reached the very top of his/her field. An alien can do this by showing receipt of an internationally esteemed award like the Nobel Prize. In lieu of such an award, an alien may also demonstrate that he/she has met at least three of the following conditions:

1. Receipt of lesser known national/international awards/prizes
   
   
2. Esteemed membership in organizations that require its members to have outstanding qualifications
   
   
3. Published material about the alien in media outlets, magazines, articles, etc.
   
   
4. Evidence of the alien’s participation as a judge of other’s work in the field
   
   
5. Published scholarly articles in renowned professional journals or other media outlets
   
   
6. Other scientific, scholarly, or business related contributions of major significance
   
   
7. Evidence that the alien has a crucial leadership position in a distinguished organization or establishment
   
   
8. Evidence that the alien commands a high salary or other high remuneration for service to others

An alien in the arts must also show that he/she has high distinction above what is typical of an ordinary person working in the field. This can be evidenced through receipt of a major national/international prize like a Director’s Guild Award, Academy Award, Emmy, Grammy, etc. In lieu of such an award, an alien may also demonstrate that he/she has met at least three of the following conditions:

1. Evidence that the alien had a starring/leading role in a highly acclaimed production or event
   
   
2. Reviews published about the alien (i.e. in media outlets, advertisements, critic’s reviews, press releases, endorsements, etc.)
   
   
3. Evidence showing that the alien had a leading/starring role in a distinguished organization/establishment
   
   
4. Evidence showing that the alien has contributed to major commercial success in the arts (i.e. box office records, video sales, DVD sales, CD sales, cassette sales, etc.)
   
   
5. Significant recognition from government agencies, other organizations, experts in the field
   
   
6. Evidence that the alien commands a high salary or other high remuneration for work compared to others in the field

The O-1 visa offers many advantages over other employment based categories. For one, it encompasses several areas of industry. Second, unlike an H-1B, there is no annual cap nor is there a specific time limit an alien has to stay in the United States. Often times, those who have met H-1B time limitations opt to apply for an O-1 to extend their stay. Another difference between an O-1 and an H-1B is that O-1 petitioners do not need to file a Labor Condition Application with the Department of State. Furthermore, J-1 holders also find the O-1 visa advantageous. A J-1 holder cannot obtain an H or L visa until after spending two years in his/her home country. However, if a previous J-1 holder qualifies, he/she can apply for an O-1 in his/her home country without waiting two years.

While the O-1 visa offers many perks, applicants must remember that the qualifications are much more stringent. As there are many steps and forms of evidence one must provide to compose a successful O-1 application, it is best to consult a legal professional before applying. 

The attorney staff at Zhang and Associates, P.C. is highly experienced at handling O-1 cases. In 2008 and 2009, our firm had a 100% success rate with O-1 visas. If you are interested in applying for an O-1, please email us at info@hooyou.com or call us at (800)230-7040.