 |
Interpret all references to “employer” throughout the form to mean “petitioner.” Otherwise:
|
Part 1, Q.2: Include your federal employer identification number. It is not necessary to include a social security number or individual tax number. Complete those spaces with “N/A.”
|
Part 2, Q.2: Check box "a" unless the beneficiary already has the classification requested. If so, check box "b" in conjunction with a) an extension of stay not involving a material change in employment (i.e., if the alien is going to continue to render essentially similar services under the aegis of the same petitioner). If the same petitioner is involved but the employment will change materially, check box "c." If the alien already has the classification requested based on someone else's petition and the classification period now sought overlaps with the earlier one, check box "d" unless the concurrent employment will extend beyond the prior classification period, in which case check box "a."
|
Part 2, Q.3 and Q.4: These boxes appear to be redundant. Provide the prior petition number in both boxes. The "petition receipt number" refers to the file number from the most recent I-797 receipt or approval notice (upper left corner). This is also on the alien's visa, if any, beginning with the initials "EAC," "LIN," "SRC," or "WAC," though the entire file number may not always be reproduced. These initials, by the way, relate back to the old names of the U.S. Citizenship and Immigration Services (USCIS) Service Centers, with EAC being Vermont Service Center, LIN being Nebraska Service Center, SRC being Texas Service Center, and WAC being California Service Center.
|
|
|
Part 3: Either give the P-1B or P-3 group's name or enter "n/a." Either way, if multiple beneficiaries are involved, insert "see beneficiary list [or petitioner letter]." When entering individual information here, or when preparing a beneficiary list, it is critical that you use each beneficiary's full name as contained in the passport, and that you enter that name, the birth date, and the country of nationality without typos. Typos can come back to haunt you. The beneficiary generally will not have an A number, which refers to a pre-existing USCIS file ordinarily set up in relation to a permanent residence petition, but if one exists, provide it. Otherwise, put "none" in response to this box and "none" in response to the request for a Social Security number, unless the beneficiary happens to have one.
|
Part 4, Q.1: Be sure to enter the city and country of the consulate, port of entry (POE), or pre-flight inspection (PFI) location to be notified. At "the person's foreign address," enter a foreign address for a single beneficiary or, if possible, an address for a representative of the group. This may be left blank for groups. Refer to this site's section on Communications between USCIS and Consulates, POEs and PFIs, and Multiple Consular Notification if more than one consulate will be involved in issuing visas relating to the petition.
|
|
Part 4, Q.2: If a beneficiary does not have a valid passport but is (or will be) applying for one, explain this in the petitioner letter, write in "applied for" at this point, or enter "applied for" on the beneficiary list.
|
|
Part 4, Q.3: Enter the number and type (e.g., "one P-1BS") of any accompanying, related petition(s).
|
|
Part 4, Q.4: Check “no” to this question, except in the rare case that you are filing a petition purely to obtain a new or corrected I-94.
|
|
|
Part 4, Q.7: If the petitioner has ever filed for permanent residence (a green card) on behalf of one or more of the beneficiaries, the answer is "yes." Even if "yes," the answer is irrelevant to O-1B beneficiaries (but answer anyway). However, if the answer is "yes" for any other beneficiary, consider contacting an immigration attorney in light of the nonimmigrant intent issues discussed in this site's section on Nonimmigrant Intent.
|
|
Part 4, Q.9: If you have previously submitted a visa petition on behalf of the artist(s), on a separate piece of paper list the application dates, visa classification (i.e. O-2, P-3), and receipt numbers to the best of your ability.
|
Part 4, Q.10: If filing a P-1B petition, answer this. If "yes," insert "see petitioner letter" in which you have explained the compliance with, and requested exceptions to, the 75 percent rule.
|
Part 5, Q.1-5: For multiple beneficiaries, insert "see beneficiary list" (or the petitioner letter) for the job title and duties. Insert "see itinerary" (or the petitioner letter) for the address of the services. The LCA number and NAICS Code do not apply to O and P visas. Complete those spaces with “N/A.”
|
|
Part 5, Q.6 and Q.7: Whether the position is full- or part-time makes no difference, but do provide some wage information, which can be per week, month, year or "event" or "total." For "other compensation," describe other costs the petitioner (or presenters) will bear, such as travel, room and board, and provide and estimated value.
|
Part 6: Be certain to complete the "dates of intended employment" box, leaving yourself sufficient time at the beginning and end of the requested classification period to account for contingencies. If this box is empty, USCIS will return the petition; if you make a typo, USCIS will rely on the typo though the results may be nonsensical (e.g., 7/4/98-8/4/97 will yield a one-day approval) and extraordinarily difficult and time-consuming to undo.
|
|
Part 6: The petitioner, not the beneficiary, signs.
|
|
O and P Classification Supplement to Form I-129: Give a brief description of the nature of the event and duties to be performed and refer the examiner to the petitioner letter for additional information. In the middle, provide the dates of prior experience for O-2 personnel (or refer to the beneficiary list or petitioner's letter). P support personnel are not required to have prior experience with the principals.
|
|
The consultation portion of the O/P Supplement is confusing. If you have the requisite consultation(s), check "yes," and leave the rest blank. Petitioners relying on the special O-1B forwarding procedure should check "yes," insert "non-labor" and check "no" and insert "forward per 8 CFR § 1214.2(o)(5)(i)(F)." Petitioners seeking waiver of the labor consultation requirement for want of an appropriate union should check "no" and insert "waiver requested." O-1B petitioners using consultations obtained within the past two years should check "no" and insert "waiver requested - prior consultation attached." The only time it makes sense to answer "no" and complete the balance of the consultation information is in an emergency situation in which you have sought the consultation directly but can no longer afford to await the response, so you are seeking to invoke the special consultation procedures.
|
|
|
|
|
| |
|
 |
|
Copyright © 2003 League of American Orchestras/Association of Performing Arts Presenters
|
 |
|