On a Scale From 1-10, How Important Is an O1 Visa Petitioner?
O1 Visa Petitioner:
Individuals frequently question how important it is when applying for an O1 Visa to find an O1 Visa Petitioner to apply on their behalf. Of course, some will say it is not very important. Still, the answer to that question is, the O1 Visa Agent is essential to one’s application because, without a petitioner, you can not apply for an O1 status. So on a scale of 1-10, it is an 11.
Frequently, individuals who are eligible and have decided to apply for an O1 status are under the impression that an agent is not required or can petition themselves. However, the truth is that a beneficiary of an O1 visa can not self-petition like other similar permits like the EB-1. If an applicant does not have an O1 visa sponsor moving into the process, the adjudicator will reject their case, and you will have to apply again with an O1 visa petitioner. Yes, that is correct; without an agent, you do not have a chance of being approved for an O1. This type of news can cause frustration to individuals, discouraging them from applying for an O1 visa for the extraordinary.
An O1 visa is a temporary employment visa that requires an employer or agent petitioner to apply. O visas are granted for the duration of an “event” (i.e., a grant, project, tour), and an initial period of no longer than three years will get approved. An O visa extension is easy and unlimited, usually granted in increments of 1 year at a time.
When an employer is a petitioner, the beneficiary can only work for the employer who applied on their behalf. If the beneficiary wishes to work for more than one employer, they must file concurrent O-1 petitions or consider filing with an O1 visa agent as a petitioner.
An O1 Visa agent petitioner allows the beneficiary to work for more than one employer, giving them more flexibility when working here in the USA, provided that each employer signs a contract with the Petitioner allowing the Petitioner to represent both the Company and the beneficiary. Additionally, the adjudicating officer from the United States Citizenship Immigration Services (USCIS) will also require a contract between the beneficiary and the employer. The agreement must outline all of the terms and conditions of the employment, including specific details about compensation, the nature of the work to be done, and the location where the work will occur.
An agent petitioner does not necessarily need to be an agent by definition. It can be someone in the beneficiary’s field willing to sponsor the beneficiary for up to 3 years. An O1 Visa sponsor is broken down into three different types, which are as follows: A U.S. O1 Visa sponsor may be the actual employer of the beneficiary, the representative of both the employer and the beneficiary, or a person or entity authorized by the employer to act for, or in place of, the employer as its Agent.
Below we are going to explain the different types of relationships between a petitioner and a beneficiary.
EXAMPLES OF O1 VISA SPONSOR PETITIONER/BENEFICIARY RELATIONSHIPS
Case Study 1: Francisco Moreles is an actor who wants to work for several theater companies and teach improvisational workshops at local high schools and community colleges. It would be difficult for Francisco to be sponsored by each of these employers separately because most of the events are short-term and spaced out. The schools only offer Francisco two workshops per semester. Theater Company A is only casting Francisco’s role for a three-month season, and Playhouse B can’t cast Francisco until next year. Francisco is in contact with an art director interested in his work and wants to help him. Unfortunately, the Art Director cannot hire him for any position. Still, she can help set up opportunities and be the Petitioner for his visa.
Case Study 2: Melissa Burke is a special effects artist. Pixar Studios is interested in hiring her for three years. For Melissa, this is a dream job, but Pixar only wants to hire her part-time — 15 hours per week. She has other jobs lined up but does not want to lose this opportunity. Pixar wants neither to act as Melissa’s agent petitioner nor be an employer managed by an agent. Instead, Pixar is offering to file an O-1 visa for Melissa as her Employer Petitioner. Suppose Melissa wants to pursue freelance work outside of Pixar. In that case, she must file another O-1 visa with an agent petitioner or another employer.
So, in summary, an O1 visa petitioner is a U.S.-based employer, Agent, manager, sponsor, presenter, and organizer who may all file O-1 petitions.
To be more precise, the primary obligation that these individuals or entities assume is representing to USCIS, under oath, that the contents of the petition are, to the best of their knowledge, accurate. The Petitioner will also have to sign the visa petition, including a statement that they can be liable for the cost of transportation home for the alien if they terminate the visa early. The Petitioner will have to provide basic information about the Company such as contact details, number of employees, years in business, and tax identification number. Serving as a Petitioner does not create any other financial obligations or liabilities.
We always recommend filing your O-1 visa through an agent or manager since this will allow you to work on additional projects that arise during the term of your visa. It is essential to make sure that your visa petition includes language that will enable you to work on additional projects not included in your original petition. Suppose you do engage in employment that arises after you obtained your O-1 visa. In that case, the employer may request that your Petitioner signs an authorization allowing them to hire you under your current visa.
Whether a petition is filed on behalf of a single employer or multiple employers, there is NO requirement that the Petitioner and beneficiary have an employment or other specific type of relationship. However, if your petition is filed directly through your employer, you will only be limited to working for that entity.
It is also essential to note that if the Petitioner no longer represents you for your O-1 visa, your visa is no longer valid. Therefore, if you change your Agent or manager or are no longer employed by the Company that petitioned for your O-1 visa, you need to obtain a new or amended visa to ensure that you are not working illegally.
Creative Artist International is here to eliminate all the stress and headaches when looking for a petitioner. How? ‘
Well, by offering O1 Visa Sponsorship to anybody who qualifies. We can and will act as your O1 Visa Sponsor on behalf of multiple employers, which gives you the flexibility and freedom within the industry of your choice. Think of a petitioner like an agent, but the difference with us is, we do not take a percentage of your earnings. Instead, we have affordable monthly and yearly packages available for you, making all that much easier.
With us acting as your Petitioner, you will receive the following:
- Relocation assistance
- Guidance within your industry
- Emergency assistance
- Quarterly check-ups
- Job Updates
- Press Release
- Work advertised on our social media and other outlets
- The flexibility of working with multiple employers.
- Membership benefits (discounts)
As mentioned, an O1 Visa sponsor is extremely important to the O1 application. Without a Petitioner/Sponsor, individuals can not apply. The Petitioner is also known as a Sponsor or Agent. The beneficiary can choose a company within the United States or a U.S. citizen to act as their Agent.
Remember, in the O1 category, there are three types of what they call “Agents.”
1). Agent for multiple employers, which allows the beneficiary to work with various employers.
2). The Agent performs the functions of an employer, which means Agent employs the beneficiary
3). Agent for a foreign employer allows the beneficiary to work with a foreign employer in the U.S. through a U.S. Agent.
As your O1 visa sponsor, Creative Artist will be held responsible for guaranteeing that you, as the beneficiary, will continue to meet all the employment requirements set by the USCIS while working in the United States.
We are also responsible for signing all the paperwork included in your petition. We must also provide a complete itinerary of events that indicates the dates of each service or commitment you will be doing while here in the U.S. The names and addresses of the actual employers and the establishments or locations where we will perform the services. Contracts between the employers and the recipient; an explanation of the terms-conditions of the employment with the necessary documentation. Also, a statement from us regarding your extraordinary abilities.
In the end, your chosen Agent is key to a successful application. Therefore, as your Petitioner, we go above and beyond to ensure the process is completed and brings successful results.
Contact us today by email, and we will get back to you as soon as possible.