The O-1 visa is a nonimmigrant work permit for foreign nationals coming to the US to work in their specific area and who have an extraordinary aptitude or a track record of outstanding performance.
When applying for an O-1 visa, the following two conditions must be met:
- The person has a job offer from a US employer
- that employer files the petition on their behalf
The O-1 visa is classified as an employment-based visa, and the organization or people who employ the O-1 applicant normally file the bulk of O-1 petitions.
But who should file the petition if you want to work for multiple employers?
The “sponsor” who submits the petition does not have to be the employer under US immigration laws. It is acceptable to let O-1 visa holders file their petition on their behalf using an “O-1 visa agency” rather than an employer.
Why use an O-1 Agent?
A number of circumstances could necessitate the use of an O-1 agent.
Your employer does not have to be based or originate in the US if you use an O-1 visa agent. This means that if your overseas employer intends to hire you in the US, it may appoint a US-based corporation to act as its agent in filing the petition.
Furthermore, an O-1 agent can file for traditionally self-employed workers or workers who use agents to arrange temporary employment with a variety of employers in addition to filing for O-1 beneficiaries seeking authorization to travel to the US for a specific event or performance in respect of a single sponsor.
In particular, USCIS advises that “unless” a US agent files the O-1 petition, each employer must submit a separate petition to the Service Center with jurisdiction over the region in which the beneficiary will perform their services if the beneficiary is to work concurrently for more than one employer within a given time period.
Therefore, there may be advantages to working with an O-1 visa agent rather than a direct employer, especially if you plan to work for more than one employer while you are in the US.
Who can act as an O-1 Agent?
An O-1 visa holder cannot file their own petition.
The following are the definitions of an O-1 visa agent:
- The beneficiary’s actual employer;
- The beneficiary and employer’s representative;
- A person or organization that has been given permission by the employer(s) to act as the employer(s) on its behalf.
This can include a US agent who acts directly on behalf of the employer and beneficiary or a US agent who has been given permission to do so by the employer, including a foreign employer.
O-1 applicants are frequently already supported in their professional endeavors by agents. Therefore, the O-1 application procedure permits the use of this relationship to fulfill the petitioning requirement.
If the terms and conditions of employment indicate that the agent will have some degree of influence over the beneficiary’s work, the agent acting as an O-1 visa will also be acting in the capacity of an employer. However, based on the terms and conditions of the existing contractual relationship, this can only actually be decided on a case-by-case basis.
It is feasible for a friend or associate to operate as your agent because the statutes do not stipulate that the agent-beneficiary connection must be formal. However, there are severe documentary requirements to be met when filing the petition in relation to establishing and detailing the agent-beneficiary relationship.