Who Can File O and P Visa Petitions

U.S. Citizenship and Immigration Services (USCIS) issued a fact sheet on October 7, 2009  to clarify who can file petition of O and P visas, i.e., non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field.

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.  If the visa applicant will work more than one employer at the same time, each employer must file a separate petition with USCIS, unless an “established agent” files the petition.

An agent can file a petition involving more than one employer, subject to several conditions:

  • The supporting documents include a complete itinerary of the event or events;
  • The itinerary specifies the dates of each engagement, the names and addresses of each employer, establishments, and locations of the engagements;
  • The contract between and employers and the visa applicant is submitted; and
  • The agent explains the terms and conditions of the employment with supporting documents.
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