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The following USCIS Fact Sheet indicates that a petition filed by an
agent is subject to several conditions. A petition involving multiple
employers may be filed by a person or company in business as an agent
as the representative of both the employers and the beneficiary, if:
The supporting documentation includes a complete itinerary of the
event or events.
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.
The contract between the employers and the beneficiary is submitted.
The agent explains the terms and conditions of the employment and
provides any required documentation.
USCIS Clarifies Requirements for Agents Filing as Petitioners for the
O and P Visa Classification
U.S. Citizenship and Immigration Services (USCIS) is clarifying for
performing arts associations and their members the regulatory
requirements for agents who file as petitioners for the O and P visa
classification.
USCIS has received inquiries from the public and at the Service
Centers that reveal confusion regarding the circumstances under which
an agent may file O and P petitions on behalf of multiple employers.
Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P
petitions may only be filed by a U.S. employer, a U.S. agent, or a
foreign employer through a U.S agent.
Both the O and P regulations provide that if the beneficiary employee
will work concurrently for more than one employer within the same time
period, each employer must file a separate petition with the Service
Center that has jurisdiction over the area where the alien will
perform services, unless an =93established agent=94 files the petition.
See 8 CFR 214.2(o)(2)(iv)(B) and 8 CFR 214.2(p)(2)(iv)(B).
A petition filed by an agent is subject to several conditions. A
petition involving multiple employers may be filed by a person or
company in business as an agent as the representative of both the
employers and the beneficiary, if:
The supporting documentation includes a complete itinerary of the
event or events.
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.
The contract between the employers and the beneficiary is submitted.
The agent explains the terms and conditions of the employment and
provides any required documentation.
See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2). In addition, an
agent who is also the beneficiary=92s employer may file a petition, but
the agent must specify the wage offered and the other terms and
conditions of employment as described in the contractual agreement
between the agent/employer and the beneficiary employee. 8 CFR 214.2(o)
(2)(iv)(E)(1) and (p)(2)(iv)(E)(1). Therefore, while the regulations
permit an agent to file a petition on behalf of multiple employers
(including the agent/employer itself), the regulations require that
the agent be =93in business=94 as an agent.
An employer that files a petition on behalf of other employers under
the guise of being such employers=92 =93agent=94 does not meet this
condition. For example, if Employer A files a petition for a
beneficiary it will be sponsoring, and submits an itinerary that
includes performances for the beneficiary with other employers, at
different times, and at different venues, USCIS generally would only
approve the petition for Employer A and deny the petition with respect
to the other employers.
Such a petition may be approved with respect to all employers only if
Employer A can establish to the satisfaction of USCIS that it is =93in
business as an agent,=94 and that the other employers are its clients.
This may be accomplished by agent-Employer A submitting all of the
required evidence listed above, as well as evidence of the agency
relationship, such as a copy of its contract with the other
employers.
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