What “Event” Means in the O-1 Context


O-1 status may not be granted if the beneficiary will do independent, freelance work in the US. There should be an employment relationship between the petitioner and beneficiary in which the beneficiary participates in an “event” or “events”. However, there is some flexibility with what “event” means in the O-1 context. For example, an “event” can mean:

  • Conferences;

  • Projects;

  • Lectures; and

  • Business/scientific projects

The start and end dates have to be listed in the O-1 petition. USCIS takes a look at the beneficiary’s event through a “totality-of-the-circumstances” test, so USCIS can also consider services and/or activities in connection with that event. Furthermore, the period of an event may include promotional appearances and stopovers that are incidental to the main event.

To put “event” in the work context, professors can fulfill this requirement by having an employment contract detailing the timeframe in which the beneficiary will work. For business executives, “event” can mean a particular work project that the beneficiary is assigned to do. Thus, it is possible for an O-1 event to be long term if the employment contract discusses such a timeframe.

---------------------------------------------

No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Santamaria Law Firm, PC or one of its lawyers creates an attorney-client relationship between you and the Firm.

No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.

#O1 #artistvisa #immigration #USvisa #startupvisa #startup #visa

72 views
​NEW CASE/CONSULTATION:

info@usimmigrationplan.com

+ 1 (415) 745 - 3650

100 Pine Street, Suite 1250

San Francisco, CA 94111, USA

PRACTICE AREAS

Non Immigrant Visa

H-1B Visa

L-1 Visa

E Visa

R-1 Visa

​O-1 Visa

​P Visa

​B1/B2 Visa

Employment Based Immigrant Visa

EB-1: Priority Workers

EB-2: Advanced Degree or NIW

EB-3: Skilled/Unskilled Workers

EB-4: Religious Workers & Special Immigrants

EB-5: Investor Visa

Deportation/Removal Proceedings

Immigration Court Defense

Waivers of Unlawful Presence Bar

Motion to Reopen/Reconsider

Family Petition

Fiancée Visa

Marriage Visas

​Adjustment of Status through Marriage

Petition for Family Members

Petition for Adopted Child

Humanitarian

Asylum & Refugee

​Temporary Protected Status

​VAWA

U Visa

T Visa

​And Others

Santamaria Law Firm