USCIS issued guidance to clarify the regulatory requirements for agents who file as petitioners for the O and P visa classifications that the petition only be filed by a US employer, a US agent, or a foreign employer through a US agent.  Petitions filed by one employer on behalf of multiple other employers are not permissible, unless the petitioning employer establishes that it is “in business” as an agent, using evidence such as contracts between the agent and employers, and 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 and required documentation.

Additionally, an agent who is also the beneficiary’s 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.  If the beneficiary employee is to be employed concurrently by more than one employer, and the work is not through and petitioned by an agent, each employer must file a separate petition with the appropriate USCIS service center(s).

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com