Can a person who is partially or fully self-employed file an O-1 visa petition for himself or herself?« Back to Questions List

Posted by admin
Asked on October 15, 2015 6:51 am
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No. The regulations state that an O-1 visa applicant may not petition for himself or herself. The regulations require that an O-1 visa petition be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. Documentation is required to verify that the petitioning entity is a bona fide employer in the United States, that the petition is not based on employment that is just speculative, and that the terms and conditions of the employment qualify for the O visa classification. Therefore, if you are working for yourself, you will not be able to meet the requirements of this classification.

It is possible, however, for the foreign employer to be a corporation owned wholly or in part by the beneficiary. In this case, the petition must be filed by a U.S. agent. Again, the petition cannot be based on employment that is speculative and the other terms and conditions of the employment must qualify for the O visa classification. Additional information may be requested from the foreign employer to prove that there is work in place for you in the United States.

Posted by admin
Answered On October 15, 2015 7:00 am