If, at the last moment, an
O-1B beneficiary drops out
and you need a substitute, you have no choice but to file another petition and seek
an
expedite. You should do the same
for
O-2 beneficiaries as well. However, there is a procedure
to substitute someone not listed in the petition for a
P beneficiary (principal and support), and on occasion, despite
regulations to the contrary, consulates will use this same procedure for
O-2 substitutions (particularly if there are multiple O-2 beneficiaries). In addition to the standard visa application materials, the
petitioner must present a letter to the consulate, port of entry, or pre-flight
inspection facility requesting the substitution and providing a copy of the
original
I-797.
The letter should include the beneficiary's birth date, country of nationality,
and position, and certify that the alien is equally qualified to fill the
position described in the petition.
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters