June 6, 2018
O-1 Visa Sponsor Requirements
For an individual to receive an O-1 Visa, he or she must have a sponsor. The O-1 Visa sponsor requirements are very specific, and errors slow down an already difficult process. Let’s look closer at the requirements to become a sponso
For an individual to receive an O-1 Visa, he or she must have a sponsor. The O-1 Visa sponsor requirements are very specific, and errors slow down an already difficult process. Let’s look closer at the requirements to become a sponsor.
What Is an O-1 Visa Sponsor?
The O-1 Visa allows people from other countries with specific talents, skills, or abilities to live in the United States temporarily to work in their specific areas of expertise. The U.S. government considers those who have extraordinary ability in science, art, education, business, athletics, or the entertainment industry. In a prior blog, O-1 Visa: Are You Extraordinary?, we explored the overall requirements for an O-1 Visa. This article will focus on the specific O-1 Visa requirements that apply to visa sponsors.
A U.S. employer that wishes to sponsor an O-1 Visa beneficiary (i.e.: the foreign worker seeking the visa) must be a person or business involved in the beneficiary’s field. This means a chemical plant can sponsor a chemical engineer or a theater company can sponsor an actor from a foreign country, but a chemical plant can’t sponsor an actor.
If the O-1 Visa sponsor is a U.S. corporation, the petition to sponsor the beneficiary must show there is real employment offered. Copies of the company history, such as its date of formation, number of employees, tax identification, revenues, and other records are included in the petition. An experienced immigration law firm can file these petitions with little difficulty.
The visa sponsor also needs to include proof of future or current employment. This can either be from a written contract or proof of an oral contract. This contract must clearly establish an employment agreement, including wages and other terms of the contract.
An O-1 Visa Sponsor May Act as an Agent of a U.S. Company
An agent who represents an employer needs to prove that he or she is authorized by the employer to act as the O-1 Visa sponsor. A written contract or a summary of the oral contract between the agent and the employer is required to be included in the petition.
The agent must include the employment agreement or contract between the employer and visa beneficiary, including wages. Additionally, O-1 Visa sponsorship requires the petition to have an explanation of the services the beneficiary will perform and the address of where the work will be done.
An O-1 Visa Sponsor May Act as the U.S. Agent of a Foreign Company
A foreign employer may petition for a visa on behalf of an individual through a U.S. agent. Image that Toyota, a Japanese company, wanted to sponsor an employee from Japan to work in the United States—it would need a U.S. agent to act as an O-1Visa sponsor. Like the other requirements for becoming a visa sponsor, the petition must include the contracts between the agent and beneficiary, the foreign employer and visa beneficiary, and the foreign employer and the agent. It’s important that the foreign company must be compliant with all U.S. laws.
Becoming an O-1 Visa sponsor is often overwhelming due to the numerous steps required for filing a petition for sponsorship. Contracts and paperwork must be compiled with expertise and care. The processing of these visas is one of our specialties at Prewitt Law Firm. Call (+1)646.583.1206 or email Info@PrewittLawFirm.com to schedule your free consultation. Our attorneys can help make your vision a reality!