Who may petition for an 0-1?
I previously wrote about the qualifications necessary for an 0-1 visa. I am now going to discuss who can be a petitioner/sponsor of an 0-1.
Given the entreprenereurial spirit that exists in Silicon Valley, the question often comes up as to whether an individual may self petition for an 0-1 visa. The answer is, "no." The 0-1 petition is not a self petition. An 0-1 must be sponsored. An O petition may be filed by : 1) a U.S. employer, 2) a U.S. agent, or 3) a foreign employer through a U.S. agent. These are the only recognized employers/sponsors.
United States and Citizenship Services ("USCIS") has addressed the question as to whether a foreign employer may be a corporation owned by the beneficiary. The answer is, "yes, " an employer may be a corporation owned by the beneficiary but the employer must use a U.S. agent to file the petition. You can see a more detailed explanation of this answer on the USCIS website on a page of questions and answers about 0 visas.
I will continue this series on 0-1 visas in another post by discussing the documentation that must be filed with the petition.
