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A visa category to perform!
O & P Categories Detailed + U.S.-Based Agency Filings + Information for Canadians
who files the petition?
U.S.-Based Agencies, Sponsors, Organizers
The regulations state generally that an employer, sponsoring organization, agent or foreign employer through a U.S. agent may file an I-129 petition.
- Provided that the U.S.-based employer, agent, manager, sponsor, presenter, organizer or agent is appointed for the purpose by the foreign national, the U.S.-based appointee may file the I-129 petition.
- The principal burden these individuals or entities assume in so doing is representing to the USCIS, under oath, that the contents of the petition are, to the best of their knowledge, true. (Note that non-U.S.-based individuals or entities specifically are barred from filing O/P petitions.)
- Whether a petition is filed on behalf of a single employer or multiple employers, there is no requirement that the petitioner and beneficiary have an employment or other specific type of relationship.
The regulations, 8 CFR § 214.2(o)(2)(iv)(E), further state:
"A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act on its behalf. A United States agent may be: the actual employer of the beneficiary; the representative of both the employer and the beneficiary; or, a person or entity authorized by the employer to act for, or in place of, the employer as its agent."
Canadians
Additional Information
Canadian citizens do not require O or P visas to enter the U.S., but do require approval from the USCIS. Canadian permanent residents (landed immigrants) DO require visas, as do all third-country nationals (those not from the U.S. or Canada) entering the U.S. from Canada. Canadian citizens need simply present themselves at a port of entry or pre-flight inspection location with proof that USCIS has approved their O or P classification.
If the petition has been approved, the computer system will contain a full record of that approval, but the best proof remains an I-797 Approval Notice. An alternative is a USCIS fax. As with consulates, however, for various reasons faxes do not always find their mark. As a precaution, we recommend carrying a full copy of the underlying petition. Otherwise, though, there are no applications as such or visa fees if visas are not required.
Note that all U.S. Customs and Border Protection (CBP) personnel can quickly access approval information once entered into the system, so it is inexcusable for a CBP inspector to refuse to admit an alien who does not require a visa simply because s/he lacks the original, or even a copy, of the I-797 approval notice because the inspector cannot find the fax or, worse yet, refuses to look for it.
Canadian nationals or permanent residents applying through land ports of entry receive I-94s only if they pay a $6 fee. If not, the CBP is supposed to stamp their passports with the entry date and classification in which admitted. It is then up to the alien to avoid staying beyond the authorized period of stay. In the present climate, Canadians should obtain some proof of the time, manner, and status awarded at time of admission. For this reason, we recommend paying the $6 fee or at least ensuring that CBP stamps the passport.
