A petitioner usually files a petition for someone else, and an applicant asks for a benefit for themselves. The person the petition is for is the beneficiary.
In U.S. immigration, the petitioner is the person or organization that files a petition with U.S. Citizenship and Immigration Services (USCIS) asking it to recognize a family relationship or a job, so that the person the petition is for can immigrate or come to work.
The petitioner and the applicant are different people in most petitions. In a few green-card categories, described below, the worker can file for themselves, so one person is both the petitioner and the beneficiary. That person becomes the applicant when asking for the green card or visa itself, often later, or at the same time as the petition.
Who is considered a petitioner, a beneficiary and an applicant?
| Role | Who it is | Examples |
|---|---|---|
| Petitioner | Files the petition and signs it | A U.S. citizen filing for a spouse; a club filing for a player; an athlete filing their own green-card petition in the EB-1A category, for people with extraordinary ability |
| Beneficiary | The person the petition is for | The spouse; the player |
| Applicant | Asks for a benefit for themselves, often after a petition is approved | A player applying for a visa at a U.S. consulate; a relative applying for a green card from inside the United States on Form I-485 |
The table keeps the roles apart, though USCIS's glossary uses the word loosely, as "a person who files an immigration petition or application" (USCIS, Glossary).
Petitioner vs. beneficiary
The petitioner asks USCIS for something on behalf of the beneficiary. USCIS defines a beneficiary as someone "sponsored by a relative or a business or who has self-petitioned", meaning filed their own petition (USCIS, Glossary).
The petitioner signs "under penalty of perjury" (8 CFR 103.2(a)(2)), and knowingly signing a false statement in an immigration petition is a federal crime punishable by a fine or prison (18 U.S.C. 1546(a)).
The beneficiary is "not a recognized party" to the petition (8 CFR 103.2(a)(3)), and USCIS sends its notices to the petitioner and, if the petitioner has one, its representative (8 CFR 103.2(b)(19)). The regulations give the petitioner, not the beneficiary, the steps of responding to a USCIS request for evidence and withdrawing the petition (8 CFR 103.2(b)(6) and (b)(11)), and the beneficiary cannot appeal a denial (8 CFR 103.3(a)(1)(iii)(B)).
Am I the petitioner or the applicant?
You are the petitioner if you file the petition and sign it. You are the applicant if you are asking for a visa or green card for yourself, which usually comes after a petition is approved. Once USCIS approves a P-1A petition, the athlete "can apply for a visa at a U.S. embassy or consulate", and at that step the athlete is the applicant (USCIS, P-1A Athlete). A relative whose I-130 was approved becomes the applicant when filing Form I-485.
Family-based petitioners
A family petition is filed on Form I-130 by a U.S. citizen, a lawful permanent resident (a green-card holder), or a U.S. national who is not a citizen (a person who "owes permanent allegiance to the United States" without citizenship, 8 U.S.C. 1101(a)(22)), to prove a family relationship that the law accepts as a basis to immigrate.
USCIS says filing or approval of Form I-130 "does not give your relative any immigration status or benefit"; the relative applies for the green card afterwards (USCIS, I-130). The firm's I-130 page covers which relatives qualify.
Employment-based petitioners
For a temporary work visa (U.S. law calls the worker a "nonimmigrant"), the petitioner files Form I-129, Petition for a Nonimmigrant Worker. For a green card, the petitioner files Form I-140, and the green-card category decides who may file. A U.S. employer must file in most categories.
The worker, or anyone on the worker's behalf, may file in two: the EB-1A category for extraordinary ability, and the EB-2 national interest waiver, which excuses the worker from needing a U.S. job offer (8 CFR 204.5(c) and (k)(1)). A worker who files for themselves is both petitioner and beneficiary, and the filing is called a self-petition.
Who may petition for an athlete's P-1 or O-1
An athlete cannot personally file a P-1 or O-1 petition. For the O-1, the regulation says so directly (8 CFR 214.2(o)(2)(i)); for the P-1, USCIS says "your U.S. employer, agent, or sponsor must file" (USCIS, P-1A Athlete). The P-1 regulation lists four kinds of petitioner: a U.S. employer, a U.S. sponsoring organization, a U.S. agent, or a foreign employer through a U.S. agent (8 CFR 214.2(p)(2)(i)).
| Petitioner | P-1 | O-1 | What it is |
|---|---|---|---|
| U.S. employer | Yes | Yes | The club or event organizer that employs the athlete |
| U.S. sponsoring organization | Yes | No | An established U.S. organization that does not employ the athlete but takes responsibility for the accuracy of the pay and other terms of employment stated in the petition (8 CFR 214.2(p)(3)) |
| U.S. agent | Yes | Yes | A U.S. person or company filing for one employer or more than one |
| Foreign employer | Only through a U.S. agent | Only through a U.S. agent | An employer based abroad that cannot be handed legal papers in the United States, so a U.S. agent must file and receive those papers for it (8 CFR 214.2(o)(2)(i) and (p)(2)(i)) |
A 2009 USCIS memorandum sets two limits: a club or company that employs the athlete must file as the employer, not as a sponsor, and no sponsor may file for an O-1 (USCIS memorandum, 11/20/2009).
For the O-1 only, the USCIS Policy Manual allows one more petitioner: "a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf" (USCIS Policy Manual, Volume 2, Part M, Chapter 3).
For both visas, USCIS sends the approval notice (Form I-797) to the petitioner (8 CFR 214.2(o)(6)(i) and (p)(8)(i)), and to its lawyer if it has one; a petitioner with a lawyer can ask, when filing on paper and where the regulations, the form or its instructions provide for it, that notices go only to the lawyer (8 CFR 103.2(b)(19)(ii)(A)).
An athlete waiting on a notice should ask the petitioner for it.
What an agent petitioner must show
To file one O-1 or P-1 petition covering more than one employer, the agent must show that each of those employers has authorized it to file for them. A letter signed by each other employer, saying the agent may act in its place to file the petition, is one acceptable form. The agent need not be paid for this work or act as an agent outside this petition.
Without the authorization, USCIS approves the petition only for the events where the agent itself employs the athlete (USCIS Policy Manual, Volume 2, Part M, Chapter 3; USCIS memorandum, 11/20/2009).
The agent must also file an itinerary of each engagement, which the firm's P-1A page sets out. Two points differ by visa:
- Contracts. For an O-1 filed for more than one employer, "a contract between the employers and the beneficiary is required". A P-1 petition needs that contract only if USCIS finds the case "questionable" and asks for it (8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2)).
- Itinerary detail for the O-1. An agent acting as the employer must always file the schedule of events. USCIS accepts a less detailed schedule where that is normal practice in the athlete's field, but the schedule must at least show what work the athlete will do, where and when (USCIS Policy Manual, Volume 2, Part M, Chapter 7).
What the petitioner takes on
- Reporting changes. The petitioner "shall immediately notify" USCIS of changes in the terms of employment that may affect eligibility: by filing an amended petition (a new Form I-129 with the corrected terms) if it still employs the athlete, or by a letter if it no longer does (8 CFR 214.2(o)(8)(i)(A) and (p)(10)(i)(A)).
- The fare home. If the athlete's employment ends "for reasons other than voluntary resignation", the employer and the petitioner must pay the reasonable cost of the athlete's trip back to their last home before entering the United States, and either one can be held responsible for the whole amount (8 CFR 214.2(o)(16) and (p)(18)).
- Employment law, for a foreign employer. A foreign employer filing through a U.S. agent is itself responsible for following the U.S. law that penalizes employers who hire workers not authorized to work in the United States, so those penalties can reach the foreign employer, not only the agent (8 CFR 214.2(o)(2)(iv)(E)(3) and (p)(2)(iv)(E)(3); 8 U.S.C. 1324a).
When the petitioner withdraws or closes
A petitioner may withdraw a petition before USCIS decides it, and may withdraw an approved petition until the athlete is admitted to the United States on it or USCIS grants the athlete a change of status on it. A withdrawal cannot be undone; the petition must be filed again, with a new fee (8 CFR 103.2(b)(6) and (b)(15)).
The O-1 and P-1 rules go further. While an approval is unexpired, it is canceled automatically if the petitioner, or the employer in an agent's petition, goes out of business, files a written withdrawal, or tells USCIS the athlete no longer works for it (8 CFR 214.2(o)(8)(ii) and (p)(10)(ii)). That rule has no cutoff at the athlete's arrival, so a club that closes mid-season ends the athlete's approval.
Neither the athlete nor the petitioner can appeal an automatic cancellation (8 CFR 214.2(o)(9)(ii) and (p)(11)(ii)). The P-1A page covers what happens when a player is traded.
The green-card petitioner: the EB-1A self-petition
Of this page's three athlete routes (P-1, O-1 and EB-1A), the EB-1A green card is the only one where the athlete can personally be the petitioner. The athlete, or anyone on the athlete's behalf, may file the Form I-140 petition (8 CFR 204.5(h)(1); USCIS, EB-1).
No U.S. job offer is required, but the petition must include "clear evidence" that the athlete will continue working in the field, such as letters from prospective employers, contracts, or the athlete's own statement of plans (8 CFR 204.5(h)(5)).
The P-1 regulation says filing a green-card petition is not a reason for USCIS to deny a P-1, an extension of it, or the athlete's entry (8 CFR 214.2(p)(15)). The firm's EB-1A page for athletes explains the achievements and documents USCIS asks for in an EB-1A petition.
The firm's O-1 page covers the O-1 visa for athletes, and its sports immigration page covers the firm's work for athletes and teams.