O-1 Policy Highlights

Who Can Petition for O-1?

The O-1 Visa for extraordinary ability in the sciences, arts, business, education, and athletics is a pathway for    entrepreneurs, doctors, scientists, professional athletes, actors, visual artists and so many other creatives and professionals at the top of their game, to bring their talents to the U.S. Often O-1 candidates struggle with finding a suitable petitioner since most are independent contractors in arenas such as business or the arts. Did you know that a separate legal entity owned by the beneficiary qualifies as a petitioner?

For instance, if a Creative Director wants to come to the United States and work for multiple “project employers”, on advertising projects or for example a restaurant and he or she forms or has a U.S. business or legal entity where they have ownership, the business can petition on behalf of the beneficiary as the petitioning employer. There are several ways to petition for O-1 as the petitioner where the beneficiary will only work for that petitioner as petition employer, and as a petitioning agent, which allows the beneficiary to work on other projects (common with artists and other creatives since most are self-employed 1099 contractors). You can also petition as a US agent acting on behalf of a foreign employer. This would apply in instances where for example there is a modeling agency in Germany who wants to bring models to model for runway shows in New York Fashion Week and other prominent fashion exhibitions or for editorial campaigns, etc. A U.S. employer, agency or agent as petitioner, would act as the US agent acting on behalf of the foreign modeling agency in this instance providing a copy of a contract stating the relationship between the U.S. petitioning agent and foreign employer. There are a plethora of possibilities with the O-1 visas. What will be your pathway?

What Evidence is Required to Show the Petitioner is a Viable Entity?

When a petitioner is a limited liability or a corporation partly or wholly owned by the O-1 beneficiary, supporting documentation to support the entity is a real business can include a copy of the articles of organizations, the IRS tax registration letter, a printout of the website for the business, and any press about the business showing they are a distinguished organization.

What Supporting Evidence Shows the Relationship Between the Petitioner and Beneficiary?

A petitioner can submit an employment contract outlining the job duties for the O-1 beneficiary, salary and other details, as well as their period of employment which should be for the same period you are requesting for O-1 status. A petitioner can indicate “upon approval of the O-1 visa and continuing for three years” to avoid losing any time in O-1 status in case the petition is approved after the date requested on the Form I-129.