Agents May Sponsor O and P Nonimmigrants Under Certain Circumstances

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent. Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition. See 8 CFR 214.2(o)(2)(iv)(B) and 8 CFR 214.2(p)(2)(iv)(B). A petition filed by an agent is subject to several conditions. A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if:

1.  The supporting documentation includes a complete itinerary of the event or events;

2.  The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers and the names and addresses of establishments, venues, or locations where the services will be performed;

3.  The contracts between the employers and beneficiary are submitted; and

4.  The agent explains the terms and conditions of the employment and provides any required documentation.

1 thought on “Agents May Sponsor O and P Nonimmigrants Under Certain Circumstances”

  1. What are the contractual requirements for someone using an agent? Does the contract have to state that the alien will accept the terms in a oral contractual summary?

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