|The Evidence of O1 Visa Application Filed by a U.S. Agent|
I have a U.S. agent to file O1 visa for me, and the agent will perform the function of an employer. What evidence is required with a petition filed by a U.S. agent? How does an agent establish to USCIS that it is an agent performing the function of an employer?
The O1 visa regulations allow agents to be O1 visa petitioners in the following scenarios: 1) a U.S. agent can file for traditionally self-employed workers, or workers who use agents to arrange short-term employment with numerous employers, or 2) a foreign employer who authorizes an agent to act on his or her behalf.
A U. S. agent may be the actual employer of the beneficiary; or the representative of both the employer and the beneficiary; or a person or entity authorized by the employer to act in place of the employer as its agent.
The evidence required for O1 visa application depends on whether the agent is filing as an agent performing the function of an employer; or as a person or company in business as an agent and filing for multiple employers; or as an agent for a foreign employer.
When an agent performing the function of an employer petitions for the beneficiary, the petition must include the contractual agreement between the agent and the beneficiary which specifies the wage offered and other terms and conditions of employment. This can be a summary of the terms of the oral agreement or a written contract. USCIS relies on the contractual agreement that must be provided with the petition to determine whether the agent is functioning as the employer of the beneficiary.
The contractual agreement should establish the type of working relationship between the agent and beneficiary and should clearly lay out how the beneficiary will be paid. If the terms and conditions of employment show a level of control over the beneficiary’s work being relinquished to the agent, then the agent may establish that it is performing the function of an employer. This determination will be on a case by case basis and will be based on the contractual agreement, whether written or oral.
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