UPDATED December 16, 2009! U.S.-based employers, agents, managers, sponsors, presenters, organizers, and U.S. agents appointed for the purpose by the alien(s) all may file I-129 petitions. The principal burden these individuals or entities assume in so doing is representing to U.S. Citizenship and Immigration Services (USCIS), under oath, that the contents of the petition are, to the best of their knowledge, true. (Note that non-U.S.-based individuals or entities specifically are barred from filing O/P petitions.)

Whether a petition is filed on behalf of a single employer or multiple employers, there is no requirement that the petitioner and beneficiary have an employment or other specific type of relationship. The regulations state generally that a U.S. employer, U.S. sponsoring organization, U.S. agent or foreign employer through a U.S. agent may file a petition. The regulations, 8 CFR § 214.2(p)(2)(iv)(E), further state:

A United States agent may file a petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act on its behalf. A United States agent may be: the actual employer of the beneficiary; the representative of both the employer and the beneficiary; or, a person or entity authorized by the employer to act for, or in place of, the employer as its agent.

It is this "appointed agent" situation that has recently caused confusion. When an artist prepares to travel to the United States for an itinerary of engagements at multiple venues, one employer (one venue) traditionally has been able to file a single, comprehensive visa petition including all employers (venues) in the itinerary.

Contradicting nearly 20 years of established practice, on October 7, 2009, the USCIS announced a new policy revoking the ability of a U.S.-based employer to file a single petition for artists coming to the U.S. for an itinerary of events with multiple arts organizations – unless the petitioning employer is “in business as an agent.”

In response to concerns expressed by the national performing arts community, the USCIS has reinstated the ability of a petitioner to file a single petition for artists coming to the U.S. for an itinerary of events with multiple arts organizations. A November 20, 2009 USCIS memo offers some clarification for petitioners. While several questions remain unanswered, we offer the following guidance to immediately assist petitioners:

If an artist plans to travel to the U.S. for multiple engagements, and a single U.S. organization is submitting the visa petition, the petition must be carefully assembled to satisfy new USCIS requirements. The petitioner does not have to demonstrate that normally serves as “an agent” outside of the petition process. Instead, per USCIS, a statement signed by the various venues included in the petition may establish that the petitioner is authorized to act as agent for the limited purpose of filing the petition with USCIS. We have crafted a sample form that petitioners should consider including:

Form: Agent Appointment by U.S. Employer

In addition, USCIS requests the following evidence:

• A complete itinerary of the event or events, specifying the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed.
• The contract between the employers and the beneficiary.
• If a written contract does not exist, an explanation of the terms and conditions of the employment.

USCIS warns that multiple-employer petitions filed by any petitioner that does not establish that it has been appointed to file the petition will be approved only for the period of time covering the petitioner’s direct employment of the artist.

The national performing arts community continues to press for clarity regarding the documentation required to accompany petitions. In the meantime, following the guidance above may prevent petition rejections or time-consuming re-filing for engagements not included in a truncated petition approval.