O-1B Filing Specifics

  • If Premium Processing, separate $1225 filing fee by business or personal check, money order or cashier's check, payable to Department of Homeland Security, stapled to middle left side of form I-907;
  • Proper filing fee by separate business or personal check, money order or cashier's check payable to Department of Homeland Security, stapled to middle left side of the I-129 petition;
  • Form I-129 Petition and O and P Classifications Supplement;
  • Labor consultation (if any) (new or copy of one obtained within two years of proposed re-entry date);
  • Copy of beneficiary’s passport biographical data page;
  • Petitioner's cover letter, first addressing basis of any traditional expedite request and any special procedures desired. Otherwise, letter should specify benefit sought, list filing contents, provide brief background on petitioner, summarize evidence showing beneficiary meets O-1B standards, explain nature of event and services to be rendered, outline any oral contract(s) or specify payment/expense terms of any written contract(s), reiterate classification period start and ending dates, and raise any issues regarding consultation waivers;
  • Index to supporting documentation (if voluminous)(Exh. 1, 2, 3, etc.);
  • Supporting documentation, including evidence that beneficiary meets substantive O-1B standards, such as copies of beneficiary's résumé, discography/CD jackets, other biographical materials, reviews, articles, PR materials; full itinerary, supported by all written contracts, agreements, deal memos, letters of intent, etc. If petitioner is either a management agent or an "appointed" agent, include a full itinerary specifying dates of each service or engagement, names and addresses of actual venues, and fees payable. Agents acting as employers must supply their contract with beneficiary as well. Appointed agents should include forms from the beneficiary and venues, designating them as agent for immigration purposes and authorizing them to file the I-129 petition. Document itineraries and address lengthy gaps within itineraries. Because signed documents are more persuasive than unsigned ones, try to include signed contracts, letters of intent, etc., where they exist.
  • If on the I-129 petition you checked Part 2, Q.2a or b, submit the entire petition in duplicate.

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