I am an assistant to a movie star who is holding an O1 visa. What kind of visa I should apply for in order to continue my assistant job for this movie star?
You can obtain and O2 visa provided that you are an integral part of the movie star’s performance or have related critical skills. If you cannot meet these standards, you may be eligible for a B1 visa.
I am starting a mixed martial arts school in San Diego and would like to bring a several instructors here to teach. I have an individual from Brazil and another from Thailand. They’ve both won several tournaments in BJJ and Mui Thai and have coached fighters competing in both PRIDE and UFC. While my school isn’t quite ready to open, I do want to generate some publicity and advertise these two as instructors to build some business so I don’t have an empty building when we open. How can we bring these two to the US and how long will it take to get them here?
The first thought for these types of coaches would probably be a P3 visa since both martial arts are culturally unique to their respective countries. However USCIS, for reasons unknown, rarely approve P3 visas for marital arts instructors. The California Service Center recently denied a P3 visa for a Taekwondo instructor for a Korean national and even conceded that the sport was the national sport of Korea. Therefore, a decision must be made between a P1 visa and an O1 visa. In a previous Q&A, we discussed O1 v. P1 and concluded that the general rule is that O1 visas are for individuals and P1 visas are for groups. However, in this case, the P1 visa is more appropriate for each simply because USCIS has a history of approving P1 visas for martial arts coaches.
We can get the P1 petitions approved by USCIS in 15 days or less and schedule both of them for visa interviews shortly thereafter. They’ll be ready to enter as soon as you need them.
I would like to know if it is possible to incorporate my own company to sponsor me for a O1 visa? I spoke to one lawyer and was told I can sponsor myself as long as I have strong reference/creential letters. Another lawyer I spoke with told me that I cannot incorporate on my own and self-sponsor. So who’s right?
While it is true that O1 visa beneficiaries cannot self-sponsor, if the position is one that traditionally involves self-employment, you may be sponsored by a US agent rather than an employer. Moreover, USCIS has recently taken a tough stance against self sponsorship in the H1B visa area and is likely taking a strong stance against other visa types. It would be risky to self sponsor in this environment but a case could be made and even approved. They certainly have been in the past.
I am a physician from India. I currently have an H1B with my current employer and I have a pending O1 visa application with another employer. My lawyer told me that when my H1B expires that I can continue to work as long as my O1 application is pending. Is that right?
No, that is not right. Once your H1B expires, you will have to wait for the O1 to be approved. You may remain in the US pending the adjudication of the O1 but you are not authorized to work. I recommend filing an application for premium processing as soon as possible.
Hi, we have a well known band in the UK and are looking to tour the US. I’ve spoken to several different lawyers and they are all giving me different advice. Can you tell me if we should be looking to get an O visa or P visa?
While it is technically possible for the lead in the band to procure an O1 visa and the rest to procure O2 visas, the simple rule is that the O is for individuals and the P is for groups. You would be much better off applying for the P visa.
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.