Memo on requirements of Agents and Sponsors for the O and P Visa Classifications

The USCIS clarifies the requirements for agents and sponsors filing as petitioners for the O and P visa classifications in a memorandum dated November 20, 2009. This memo provides guidance for multiple O and P petitions filed by the same agent acting on behalf of more than one employer or petitioner. It also discusses the qualifications of the sponsoring organization (petitioner) for a P visa classification.

In general, the O visa is similar to the Eb-1A immigrant visa classification in that it is available to foreigners who have "extraordinary ability" in the sciences, arts, education, business or athletics, or in the motion picture and television field. Examples of O visa applicants include singers, actors, and performers with international acclaim, Oscar-winning movie directors, and Nobel prize winners. The O visa is for non-immigrant stay in the U.S. Only a U.S. employer or a U.S. agent may file an O petition. A foreigner employer may file an O petition only through a U.S. agent. The P visa is issued to non-immigrants who are internationally recognized athletes (either individually or as part of a team) or a member of an internationally recognized entertainment group. The P petition may only be filed by a U.S. employer, a U.S. sponsoring organization, a U.S. agent; or a foreign employer through a U.S. agent. Examples of P visa athletes include Olympians, member of the National Hockey League (NHL), participants in the Association of Tennis Professionals (ATP), members of the Major League Soccer (MLS), professional swimmers, etc.

This memo clarifies that each employer of an O or P non-immigrant must file a separate petition with the USCIS. For applications involving multiple employers filed by the same agent who are "in the business as an agent" for both the employer and beneficiary, there are specific requirements. First, the supporting documentation must include a complete itinerary of the events or services or engagements in which the beneficiary will participate. Further, the itinerary must specify the details of the engagement including the names, addresses of the actual employers, the names and addresses of the establishments, venues, or locations where the events will take place. Third, the engagement contracts between each of the employer and the beneficiary must also submitted. Finally the agent must also explain the terms and conditions of the employment and provide any related documentation.

An employer may also act as the agent. If the employer also represents other employers, it is not required that the employer normally acts an agent for other employers so long as it establishes that it is authorized to act as an agent for other employers and the beneficiary. Duly executed documents and contracts may be submitted as documentary evidence. The USCIS will approve an O or P petition for a certain period of time only. The duration or period of validity for the petition depends on the evidence submitted, not to exceed the maximum allowable validity period for the P or O visa classification.

Under the P visa classification, there is a difference between a U.S. employer and a U.S. sponsoring organization. A U.S. sponsoring organization (not an employer) can qualify as a petitioner if it can provide evidence that it guarantees the terms and conditions of employment of the beneficiary in the U.S. For example, a contract between it and the beneficiary specifying the compensation, the details of the events, and other details, may be sufficient. A U.S. sponsor is not a direct employer of the beneficiary and it must indicates that it is filing as a sponsor in the P petition. It is important to note that the O petition may not be filed by a U.S. sponsoring organization under the current regulations.