Concurrent P-1 and O-1 Visas: Two Visas at the Same Time

It is possible and often a great idea for one person to have two P-1 or O-1 visas simultaneously. There are two important reasons why P-1 and O-1 beneficiaries should strongly consider obtaining another P-1 or O-1 visa. This applies especially when a beneficiary has a direct employee engagement rather than an agent employment engagement, and the P-1 or O-1 visa relates to a specific purpose. 

One example is in athletics, where a player signs to a single team or promotion, and their visa is only for that athlete to compete with a single team for a season or bout. Another example is an actor or influencer who obtains an O-1 visa to shoot a movie scene, and the O-1 visa only covers one month of services. 

Applying for a concurrent visa only requires a couple of confirmations from the original entity that filed the visa. Most often, it is necessary to demonstrate that the primary visa petitioner gives permission for the beneficiary to obtain an additional visa and that the petitioner does not object to the activities proposed in the additional P-1 or O-1 petition. Confirming the concurrent visa is often provable with a well-written and concise email message. 

These are the four reasons it is a great idea to apply for a CONCURRENT P-1 OR O-1 Visa

The Concurrent P-1 or O-1 visa can support more paid activities.

The biggest reason is that  P-1 and O-1 visas are often for a single purpose and employer. Thus while the beneficiary has already gone through the process of proving they are eligible for a P-1 or O-1 visa, which is hard enough, they still do not benefit from the full work authorization possible under P-1 or O-1 visa status.

 For example, athletes on concurrent P-1 visas can have the work authorization to participate in other athletic endeavors and engagements not contemplated in their original visa petition. Persons under the O-1 visas can add a litany of activities such as more events, self-content production, and even open businesses under the additional  O-1 visa structure. 

The concurrent P-1 or O-1 visa will survive if the original petition terminates.

When a direct employer terminates a relationship with a P-1 or O-1 beneficiary, there is a small grace period to change to another visa status. Often, this means that the beneficiary must leave the United States to avoid accruing time while out of a valid visa status (which could trigger a removal order). If the P-1 or O-1 beneficiary has a concurrent visa filed, and that filing is registered correctly with the State Departments I-94 records, the beneficiary will remain under the P-1 or O-1 status; because the termination of the direct employer does not impact the second visa petition. 

Visa terminations often happen in sports when an organization releases a fighter or player from their employment contract. One example is NFL Cornerback Tavaghn Campbell whom we were able to obtain a P-1 visa during his grace period but would not have needed to do so if his second visa was in place. (https://frontofficesports.com/for-some-pro-athletes-on-visas-the-future-isnt-guaranteed/) 

Another example in O-1 visas is for actors participating in film projects. For instance, an actor obtains a visa with Netflix for a movie scene which only covers the two-month shoot. If structured properly, the second visa would survive the wrap of the shoot and the O-1 beneficiary can pursue other opportunities for up to three years. 

Eligibility for a concurrent P-1 or O-1 visa is easiest while a beneficiary is already in P-1 or O-1 status.

The best time to apply for a second P-1 or O-1 visa is while the beneficiary is already in the visa status. United States Citizenship and Immigration Services has already determined that the beneficiary is eligible in the category which can be used in the additional visa petition. There is a premise that previous approvals should be honored. Note that the additional visa’s itinerary is considered a material change, and the eligibility for the new visa does not need to be followed by statute. However, the fact that the beneficiary is already approved for eligibility is very persuasive. In addition, there are great arguments to use as templates in the second filing that were already accepted by a USCIS Adjudicating Officer. 

Concurrent P-1 or O-1 Beneficiaries Can receive additional validity time during consular processing. 

Most often, if a P-1 or O-1 beneficiary requires consular processing to apply for a new visa to their passport, the validity period is governed by the visa approval. Suppose the consular processing is set using the validity period with a short approval period; in this case, the beneficiary will only have that amount of time in P-1 or O-1 visa status. A beneficiary with a concurrent visa with a more extended validity period will get to stay longer in the United States in the P-1 and O-1 visa statuses. 

Some employers prefer to serve as the petitioner for their beneficiaries.

Some employers will prefer to serve as the petitioner for the foreign talent they work with. These employers may want to file for activities involving the petitioner. In this circumstance, the best option for both parties is to file a concurrent visa. The concurrent visa filing will permit the petitioner to have their visa for the beneficiary and the P-1 or O-1 beneficiary to obtain their additional visa.