Legal Question in Immigration Law in New York

To an immigration expert with expertise in O visas:
A foreign tv production company (FC) has a subsidiary in the U.S. that has been doing business for the past few years. The FC wants to bring in a director who is of extraordinary ability to direct a tv series in the U.S. The U.S. subsidiary can file an O-1 petition, however, both the FC and the candidate prefer not to get involved with the U.S. payroll and taxes.
--Can this be avoided by the FC filing an O-1 petition directly through an U.S. agent (bypassing the existence of its subsidiary to file the same?) Will this pose any problem because it has a U.S. subsidiary?
--Can the law firm that assists the FC in this matter be a U.S. agent. My understanding (based on the recent newfeld memo on this) is that the law firm can be an agent as long as the beneficiary does not have multiple employers and the agent does not represent both the FC and beneficiary. Is it true, and will there be any problem if the law firm acts as a U.S. agent?
Thanks for your help.

Asked on 6/13/10, 5:54 am

2 Answers from Attorneys

Shah Peerally Shah Peerally Law Group PC

0 users found helpful

0 attorneys agreed

Well, this is a tricky question. The best will be to go for an L1A but with more information you might be able to look into either an EB1 (no petitioner) or a national interest waiver (no petitioner). I will recommend calling a law firm familiar with such petitions. We have handled both EB1 and NIWs. As for the O visa, we need to assess the possibilities too.

http://peerallylaw.com

510 742 5887

Good Luck

Shah Peerally

Founder and Managing Attorney of Shah Peerally Law Group PC

The Law Firm Deals in Immigration law & Debt Settlement Negotiations.We practice immigration and naturalization laws in all 50 states.

Note: The above answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney client relationship is created unless a retainer or a fee agreement is signed by the attorney and the client

Answered on 6/13/10, 10:01 am

Mark as helpful