USCIS has issued guidance regarding the filing requirements for agents seeking to petition for aliens on O and P visa status.
The clarifications by USCIS provide that a petition involving multiple employers may be filed by a person or company in business as an agent as representative of both the employers and beneficiary if the petitoiner is supported with documentation including:
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a complete itinerary of the event or events, which 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
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contracts between the employers and the O or P beneficiary
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an explanation of the terms and conditions of the employment and related documentation
The release also clarifies that if an alien is working for multiple employers during any single time period, each employer must file a separate O or P petition, unless the petition is filed by an “established agent.”
The release also provides that an agent must disclose the wage offered and terms of employment if the agent is the beneficiary alien’s employer.
The release also provides that the “agent” must actually be in the business of an agent. It specifies that employers may not file on behalf of other employers in the guise of an agent if the employer cannot establish to USCIS that it is in the business of being an agent.
This clarification particularly affects individuals in the music industry, including singers, musicians, and DJs.
