1.

How To Act As Actual "employer" For An Agent?

Answer»

Where an agent FILES as petitioner and therefore employer, the individual must establish that he or she is also acting on behalf of multiple employers of the beneficiary. To do so, the agent must include EVIDENCE that he or she is "in the BUSINESS as an agent."

USCIS adjudicators will consider evidence confirming that it is more likely than not that the petitioner is in the business as an agent for the series of EVENTS, services or engagements that is the subject of the petition. The analysis should be on whether the petitioner (agent) can establish that it is authorized to ACT as an agent for the other employers only for purposes of filing the petition.

Where an agent files as petitioner and therefore employer, the individual must establish that he or she is also acting on behalf of multiple employers of the beneficiary. To do so, the agent must include evidence that he or she is "in the business as an agent."

USCIS adjudicators will consider evidence confirming that it is more likely than not that the petitioner is in the business as an agent for the series of events, services or engagements that is the subject of the petition. The analysis should be on whether the petitioner (agent) can establish that it is authorized to act as an agent for the other employers only for purposes of filing the petition.



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