Question about UK 01 Visa Application for the USA...
 

Hi, I was wondering if anyone here can give me some advice.

Me and my wife are looking to move to the US, California. We are both freelance in the entertainment sector working in London. We are early 30s and have been working professionally for about 10 years each. The majority of that time has been as freelancers.

We want to work freelance in the USA. We have a good list of ref letters from previous employers (about 5-7 each) and letters of intent from US companies (about 3 each). However, we don't currently know companies in the states that will sponsor us. We've been in touch with a few but they understandably want to work individually with us over time before committing to being a sponsor.

We have found a Californian based Lawyer who has his own management company. They say they would be happy to sponsor us as well as handling our application as an immigrant lawyer. They specialise in entertainment law.

We have spoken with them and they seem nice and legitimate, however, we don't know anyone who has used them before, so have no idea what it will be like.

I believe they said that with around 75% of applications the government ask for referral/additional information from each applicant which costs more money. I don't know if that's a common figure or on the high side?

Also, I'm a little wary that we will both be sponsored by the same management company who is also our lawyer. Is this a concern that the lawyer has their management company to do both sponsorship/law, or is it standard practice?

I obviously want to maximixe our chances of getting the Visa, so looking for as much info and outside expertise as possible.

Any help/thoughts with this would be a huge help.

Thanks a lot.
Mark

Re: Question about UK 01 Visa Application for the USA...
 

I have only anecdotal experience with the O1 visa, and I am not a lawyer. However, my gut feeling is that their service sounds pretty fishy.

Re: Question about UK 01 Visa Application for the USA...
 

When you say they will sponsor you for the O visa, does that mean they will be your agent and get you the gigs/jobs?

I've never heard of the same company being both a law firm and a talent agency...but that doesn't mean it's not possible.

Can you share the name of the firm, maybe we can help you figure it out.

Rene

Re: Question about UK 01 Visa Application for the USA...
 

I would recommend a second opinion with an immigration attorney. I can recommend mine!

Re: Question about UK 01 Visa Application for the USA...
 

I think they own both a law firm and a separate management company. They would take 5% of all earnings but they wouldn't actively find me work. I would have to find work and then payments would go through them.

Thanks for your help with this.

Re: Question about UK 01 Visa Application for the USA...
 

I think you're setting yourself up for a failure, given this scenario.

Ian

Re: Question about UK 01 Visa Application for the USA...
 

Hi Ian, is this just an opinion or do you have any expert knowledge on this? I know this is a common thing - there's lots of firms who sponsor too but just tricky to get an understanding of whether this should be avoided or not as there's lots of differing thoughts.

Re: Question about UK 01 Visa Application for the USA...
 

I'm no expert, but I agree with Ian. Why would you pay 5% of your earnings to someone who isn't finding you the work? If they aren't finding you the work, then they aren't your agent. If they aren't your agent, on what basis can they sponsor you?

Rene

Re: Question about UK 01 Visa Application for the USA...
 

It's a reasoned opinion... from an objective position. Rene, who never ceases to amaze me in her ability to know what I'm thinking, has outlined the reasoning.

You, yourself, noted that "I'm a little wary that we will both be sponsored by the same management company who is also our lawyer." I know you want this to work out, but you need to fully educate yourself on exactly what this company will do for you - and get it in writing. While it may be legitimate, it sounds as though there's a conflict of interest! Several times, you have said "I think..." but that's really not sufficient. You need to know... and you especially need to know before any money changes hands.

None of us here want to see you get yourself into a bad situation.

Ian

Re: Question about UK 01 Visa Application for the USA...
 

Thanks Ian. Reason why we would have to go down this route is because we don't have a relationship with an agent who would be able to get us work in the States as we don't know anyone. We are desperate to come over, and know that we can get work ourselves.

A normal agent would charge between 10-20%, so I don't mind paying the 5%. However, it's more the legal side of things and whether this all okay to do.

Re: Question about UK 01 Visa Application for the USA...
 

Oh dear... "desperate" is one of my red flag words - as the long-time members here know. When people are desperate, they tend to make very poor decisions. This has proven true time and time again. Please be very careful.

Ian

Re: Question about UK 01 Visa Application for the USA...
 

What does his management company do? Sponsors have to fill the criteria for sponsorship. If the company doesn't fulfill the criteria then USCIS will reject the petition.

Can he refer you to other clients that he "double dips" with?

Re: Question about UK 01 Visa Application for the USA...
 

Earlier you said you work freelance. Visa issues aside, the practicalities of being a freelancer in this situation sound rather tricky.

Re: Question about UK 01 Visa Application for the USA...
 

Even my OH who messes about with the odd audition, local movies, extras work etc has an agent who puts him forward for any old crap. Zombies was the last thing.
If you have a resume, shouldn't be that hard to find an agent. Can I ask how much this lawyer is charging you?

Re: Question about UK 01 Visa Application for the USA...
 

Hi guys, thanks a lot for your help with this. I'm really glad that I posted on here before paying the retainer fee!

A bit more info:

I'm a relatively successful filmmaker. I've worked with the BBC, EMI, Red Bull and a number of different brands. In the UK I have my own Production Company as well as being repped by a Production Company for commercials. I'm sure I could sign with a Production Company in LA, however, I'm a little wary of this for a couple of reasons.

1) I've got to a position where I can pick and choose the projects I want to do and still make a decent salary. I feel if I sign with a company that I'm a little indebted to them. I don't want to feel that I'm in their pocket and have to do jobs I don't really want to do as they are my Sponsor. If I did sign and this became the case, I could run the risk of them cancelling my Visa.

2) I'm use to finding my own work a lot of time in the UK. I also make documentaries off my own back, with grants, etc, that I sell to channels: BBC, etc. If I had a Sponsor like a Prod Comp I'm not sure if I could do all this still.

Hence why I don't mind having a sponsor who doesn't actually do a whole lot as I know I can get the work and it gives me more independence. If the payments went into their account, they take 5% and I get the rest, that works fine by me - it's just if this is okay legally? In that way I would still be freelance in the nature of work, but being paid everything through them it would be as though they were my sole employer I believe?

Someone I know has done a similar thing for his US Visa.

The Management Company is in the Entertainment Industry but I don't believe it's more specialised than that. I've emailed the Lawyer asking for more details on this and also if there's any people who she's dealt with for both, who has got the visa, that I may speak with. Quite probing questions. If they deflect or don't get back about it then I know I should stay away. What worries me is if both companies are owned by the same person. If so then it wouldn't take long for the Government to connect the two which could not necessarily be a good thing.

The Visa is going to be $4000. Half upfront. Then, like I mentioned, 5% of all earnings. It's $750 one off fee if the Government need more info

I don't want to name the company in case Google searches for them bring them to this page as if there's nothing dodgy about them then I don't want it to be held against them.

I sent their details to Rene. I will PM you Ian with their website if that's okay. I've Hoover company searched them and the company is registered and they've passed the Bar which is good :-) I believe they are fine as a company, but their turnover seems small. Less than $100k per year.

All very confusing...hopefully we can figure out the best way!

Thanks