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Employer Resistance to O-1 Agent Filings and How to Handle It

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One of the most common questions we hear at Ambra Talent Group is how to get an employer to acknowledge an O-1 agent filing without triggering concern about job changes or sponsorship obligations.


We’ve heard a lot of chatter about employer resistance to O-1 agent visas, or O-1 visas in general. You Redditors in particular are really up in arms about this. USCIS regulations do require the employer or employers to acknowledge the agent filer, and this is where clients often start to get nervous.


This commonly comes up when someone has a full-time job and is adding a second work opportunity, such as publishing a book, monetizing a social media channel, part-time consulting, or selling a product they built.


A recurring concern we've seen over the past couple of months is the fear that telling an employer about an agent filing will signal that the individual is planning to leave for new employment.


This is a very valid concern, but the risk can often be mitigated. Below are some practical ways to manage this conversation and maximize your chances of success with employers.


For new hires: how to address O-1 agent filings during interviews


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Get in front of the conversation early. During the interview process, let your contact know that you will be filing through an O-1 agent and that you only need an acknowledgement from the employer. Be clear that you are not asking for sponsorship and that there is no cost or filing obligation on their side.


Share a sample acknowledgement letter upfront. Providing a template early helps demystify the request and makes it easier for the company to evaluate internally. We always provide templates to my clients so employers can see exactly what they are being asked to acknowledge.


Be prepared with a simple explanation of what an agent filing is. O-1 agent filings are not very common compared to other types of visas, so it is likely the person you are speaking with will not be familiar with them. Having a short, plain-language explanation ready can go a long way in preventing confusion and unnecessary concern.


For current employees: getting employer acknowledgement for an O-1 agent filing


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Set up a meeting with the right contact and make the ask live. If your company has someone who handles immigration matters, often an HR or People Ops partner, ask for a short meeting to walk through what you need. Keeping this conversation live helps prevent misunderstandings and allows you to clearly explain that you are not asking for sponsorship, only acknowledgement.


Follow up with a clear email and copy the agent. After the meeting, send a concise follow-up email summarizing the request and attach the acknowledgement letter template. CC the agent who is filing so any technical or legal questions can be directed to the right person without putting pressure on you to explain details.


Frame the request around visa stability and reduced employer burden. Position the agent filing as a personal decision to move to an O-1 for greater visa stability. Emphasize that this removes all sponsorship obligations from the employer, including filing, fees, and ongoing compliance. The company is simply acknowledging awareness, not endorsing outside work or signaling a change in your role.


Ultimately, you do need employer acknowledgement to move forward with an agent filing, and some companies may never provide this. If you have tried everything and are unable to obtain it, it may be time to look for a new employer if the agent path is truly important to you.


At Ambra Talent Group, we work with individuals navigating O-1 agent filings across full-time roles, side projects, and creative ventures.


 
 
 

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Ambra Talent Group is not a law firm and does not provide legal services or legal representation. We only provide HR services and agent services. You must consult a licensed attorney for any legal advice relating to your O-1 status, international travel, O-1 viability, or any other legal question.

We are not responsible for any changes in the law or interpretation of the law by U.S. authorities. We rely on the information provided on government websites that is available to the public, but we are not liable for any differences in opinion in interpreting this information. You must consult an attorney to understand legal nuance. 

 

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