What is the O1 Agent?
If you’re applying for the O1 visa, you’ve probably heard about the O1 agent. Agents are commonly used in the entertainment industry and are becoming more common in business and technology as well. An agent petitions on behalf of the visa applicant instead of an employer, allowing the applicant to take on multiple roles or projects in the United States. This post will outline what an agent does, and what to know about using one.
Why use an O1 Agent?
In the context of the O1 visa, an agent is preferred when the visa applicant wants to pursue multiple employment engagements at the same time.This is common in industries where employment opportunities, such as technology, acting, music, consulting, or sports, come up intermittently or short-term.
Rather than having multiple employers filing O1 petitions for you, an agent can petition on behalf of you and multiple employers.
An agent can be used instead of an employer to petition for the applicant during the visa process. This allows the applicant to take on multiple projects while in the United States. You can add employers once the O1 has been approved, but you’ll need to update your agent with any additional employment contracts.
What does an O1 Agent do?
The primary role of an O1 agent is to represent and assist the O1 visa applicant in employment and related opportunities in the United States. Here's a breakdown of their key responsibilities:
- O1 agents act as a petitioner on your behalf and can be used instead of an employer.
- They ensure all employment arrangements adhere to U.S. immigration laws and regulations, including the high remuneration requirement of the O1 visa.
What is the process for submitting an O1 visa with an agent as petitioner?
- The agent must have a contract with the visa applicant outlining the fees. This can be a one-time fee, percentage of profit, or other arrangement. An agent doesn’t necessarily have to receive payment, but you must have a written agreement.
- Each employer needs to sign a short, written agreement stating “I authorize [agent] to act in the [employer’s] place as an agent for the limited purpose of filing this petition.”
- You will need to submit information about your employer, terms of work, and the length of the contract. It is helpful to have a contract for a long time so that you can request the full three years of the O1 visa. The US immigration office tends to grant O1 visas based on the length of the contracts attached to the application.
Exception for certain industries
It's important to note that not all O1 visa applicants require an agent. For individuals with a specific job offer or ongoing employment, the relationship with the employer may serve as a substitute for an agent.
Understanding the nuances of the O1 agent's role is essential for a successful O1 visa application. If you're in an industry where an agent is helpful, be sure to collaborate with a trustworthy and experienced one to navigate the process smoothly. We're expanding access for business and technology professionals to use the O1 agent route. Get in contact with us here.
