For Attorneys: Working with an O-1 Visa Agent

Deborah Anne
Nov 9
4 min read

Clients who qualify for O-1 visas are increasingly expressing interest in filing through an O-1 visa agent. Working with an agent can offer flexibility for visa holders who want greater work authorization stability and employment opportunities, but it also comes with specific compliance requirements that attorneys should be able to navigate with their clients.

USCIS allows agents to act as petitioners in three primary situations:

For traditionally self-employed workers
Those who use agents to arrange short-term work with multiple employers.
For foreign employers who authorize a U.S. agent to act on their behalf.

This guide will focus on 2 - those who use agents to arrange short-term work with multiple employers.

Please note that the core eligibility standards for an O-1 visa do not change whether your client applies through an agent or directly.

Qualifying to use an O-1 Visa Agent

The most common scenario that we see at Ambra Talent Group is for O-1 petitioners who already have one full-time job, but want to take on additional work projects for extra income and improved visa stability.

The key to filing with an agent in this scenario is identifying a second work opportunity and documenting it. A good O-1 visa agent will guide the client through identifying and structuring these engagements to meet the multiple-employment requirement.

Secondary work opportunities can include but are not limited to:

Paid speaking engagements
Consulting engagements through a personal LLC
Royalties from books or monetized social channels
A fellowship or research grant

It's important to note that the second work engagement must be compensated work, but compensation can include cash payments, equity, royalties, or bonuses. There is no compensation minimum for a work engagement to qualify.

Filing the Petition

When filing through an agent who does not directly employ the petitioner, the agent signs Form I-129 as the petitioner and must provide the appropriate supporting documentation.

The following documentation should be provided at the time of filing:

A petitioner's statement outlining the arrangement between the agent and the petitioner.
Statements from the employers acknowledging the agent’s role.
An itinerary listing the type of work, where it will occur, and the expected dates. (USCIS provides some flexibility in how detailed the itinerary must be, but it should reasonably reflect industry norms.)
Supporting documentation to demonstrate that valid positions exist, such as offer letters and wage statements.

Note on statements from employers acknowledging the agent’s role:

Many employers are not familiar with the O-1 agent visa arrangement or are unclear about what it means for them. An experienced agent should assist the client in obtaining acknowledgements from their various employers and be available to engage directly with the employer when needed.

Ambra Talent Group is an expert in obtaining these acknowledgements and can provide additional guidance and templates to use.

Ongoing Obligations of an Agent

An agent’s role does not end once the petition is filed. They must maintain detailed records of the client’s engagements and remain responsive to the attorney, the client, and USCIS to ensure a successful ongoing arrangement. If a Request for Evidence (RFE) is issued during the visa application, the agent should actively assist in responding when applicable.

After approval, the agent should continue tracking the client’s employment and update records as necessary. This ongoing cooperation ensures compliance and helps prevent issues during future extensions or amendments.

Amending a Petition

If an agent filed the original petition and the client changes employers, they may need to file an amended petition. The attorney should provide guidance to the client on when this is necessary. Below are a few non-exhaustive examples.

When an amendment is generally required:

There’s a material change in the terms of employment or eligibility as originally described in the petition or itinerary.
The petitioner drops one full-time position and moves to another, even if their secondary role stays the same.
The petitioner takes on a new client or project that was not listed in the original petition or itinerary.

When an amendment is generally not required:

Minor extensions of the same contracts (e.g., a 2-month extension to wrap up work).
Same duties, same clients, only adjusting project timelines.
Short-term consulting travel within the same scope of work.
Administrative changes (e.g., new client contact person, address updates).
If a client just drops off and no new one is added, and the O-1 worker continues with the remaining work described in the original petition

A Note on Using a Friend as an Agent

In some cases, individuals consider appointing a friend as an agent. This is allowed, provided the individual meets all the standard requirements of using an agent:

Be a U.S. citizen or lawful permanent resident.
Be able to demonstrate they are legitimately “in business as an agent.”
Have the capacity to negotiate work between the client and employers.
Respond to government requests, including RFEs.
Maintain records of the client’s work throughout the visa period.

It’s also important to note that if a client loses work authorization, both the agent and the employers are jointly and severally responsible for the client’s return transportation to their home country. If an employer fails to cover this cost USCIS may require the agent to do so.