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O-1 Visa General 3


8 CFR 214.2(O)(2)(i)


Summary

There are many parts to this statute.

Pre-Amble

[8 CFR 214.2] Special requirements for admission, extension, and maintenance of status;
(o) Aliens of extraordinary ability or achievement;
(2) Filing of petitions;

Law Text

(i) Except as provided for in paragraph (o)(2)(iv)(A) of this section, a petitioner seeking to classify an alien as an O-1 or O-2 nonimmigrant shall file a petition on Form I-129, Petition for a Nonimmigrant Worker.

The petition may not be filed more than one year before the actual need for the alien's services.

An O-1 or O-2 petition shall be adjudicated at the appropriate Service Center, even in emergency situations.

Only one beneficiary may be included on an O-1 petition.

O-2 aliens must be filed for on a separate petition from the O-1 alien.

An O-1 or O-2 petition may only be filed by a United States employer, a United States agent, or a foreign employer through a United States agent.

For purposes of paragraph (o) of this section, a foreign employer is any employer who is not amenable to service of process in the United States.

A foreign employer may not directly petition for an O nonimmigrant alien but instead must use the services of a United States agent to file a petition for an O nonimmigrant alien.

A United States agent petitioning on behalf of a foreign employer must be authorized to file the petition, and to accept services of process in the United States in proceedings under section 274A of the Act, on behalf of the foreign employer.

An O alien may not petition for himself or herself.

8 CFR 214.2(O)(2)(i)

Related Caselaw

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