Los Angeles, CA asked in Immigration Law for California

Q: Who qualifies as O1-B petitioner and agent for multiple employers?

I'm currently in the US on an O1B visa as a performing musician, and my status is expiring this year, so I'm going for another O1B petition to get three more years. My previous petitioner had a production company through which we filed the petition. And in the petition, his company was established as an agent for multiple employers.

I have a new employer willing to be my new petitioner and new agent for multiple employers. He is just an individual who wants to hire me for future musical activities. He doesn't have a company or people working under him. Can an individual employer like this, not a company entity, be a legitimate petitioner to sponsor an O-1B?

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1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Milwaukee, WI

A: A less credible and poorly established petition can be challenged by the USCIS. It may appear dubious. Extensions have been denied, which can have an impact upon someone who also depends upon the ESTA visa waiver program. If you are pretty much done with the work, consider working abroad, again.

If there are other issues, such as a relationship, then I strongly recommend an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

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