The need for an O-1 agent could arise for a number of reasons. When applying for an O-1 visa through an agent rather than a direct employer, there may be some practical benefits, especially if you plan to work for more than one employer while you are in the US.
The applicant must exhibit outstanding skill or achievement through national or international recognition in order to qualify for an O-1 visa.
A level of competence that indicates you are one of a small fraction who has attained the pinnacle of your field is what is meant by extraordinary talent. You must have a level of competence and recognition that is well above what is typically encountered in order to display outstanding achievement.
Additionally, you must have a US work sponsor who will submit a petition using Form I-129, Petition for a Nonimmigrant Worker, to US Citizenship and Immigration Services (USCIS) on your behalf. You must be traveling to the US in order to continue working in this specific field.
Your application for an O-1 visa cannot be submitted until a petition has been approved. If approved, you could be given a three-year initial period of stay with the option to extend it indefinitely until your US project is finished.
Filing as an employer is different from filing as an O-1 visa agent. The agent will have to provide more proof to USCIS in order to prove their authority and status as an agent.
Additionally, the documentation needed will vary depending on whether the O-1 visa agent is filing as an agent acting in an employer’s capacity, as a person or firm operating as an agent and filing for, for multiple employers, or as an agent for a foreign employer.
Agents who are acting in the capacity of an employer will be required to provide less evidence than an O-1 visa agent or organization who is sponsoring the beneficiary in order for them to work for more than one employer.
For instance, the O-1 visa agent must submit the following while operating as an agent on behalf of many employers:
- The names and addresses of all employers engaged, as well as all of the locations where the events or activities will be performed; an itinerary listing all of the events and activities that the recipient will participate in while in the US.
- The agreements between the beneficiary and their employer as well as the O-1 visa agent and beneficiary (s). The conditions of these contracts must also be explained by the O-1 visa agent.
The agent’s summary of the contract will be a crucial consideration when determining whether their agency is legitimate because the choices made by USCIS are taken on a case-by-case basis.
What happens if I want to change my employer?
An appropriate O-1 visa agency or your new employer must submit a Form I-129 to USCIS if you are an O-1 nonimmigrant already present in the country and wish to change employers.
Please take note that if an agent filed the initial petition, an amended petition with proof of the new job and a request for a longer stay must be submitted.
The petitioner must file an amended petition on Form I-129 with the Service Center where the original petition was filed if, on the other hand, there has been a major change in the terms and conditions of your employment or your eligibility for an O-1 visa.
Although the O-1 visa is a very desirable immigration option, the petitioning process and evidence requirements are not simple.
Where a US-based sponsor is required to file the petition, using an O-1 agent can help, but applicants must make sure they are giving complete and accurate information in their application for USCIS processing.