O-1 Agent Petitions with a Single Employer

One of the biggest myths in the O-1 visa world is that an agent petitioner is only an option for freelancers or people juggling multiple gigs. In reality, an O-1 agent can file a petition even when the work is for a single, full-time employer. This structure is increasingly common and, for many professionals, increasingly necessary.

The Big Myth: “Agents Are Only for Freelancers”

Many people assume that using a visa agent is only allowed if:

• You have multiple employers

• You are a contractor or freelancer

• You are doing short-term or project-based work

That assumption is incorrect.

USCIS regulations allow an O-1 agent to file a petition for a beneficiary working with a single employer, as long as the petition is properly structured and documented.

Specifically, USCIS requires that:

• The agent petitioner is authorized to act on behalf of the employer and or the beneficiary

• The petition clearly describes the terms of employment and includes an itinerary

There is no requirement that an O-1 agent petition involve multiple employers or freelance work.

Why More Single-Employer O-1 Agent Petitions Are Happening

The O-1 landscape has shifted significantly in recent years. More highly accomplished professionals are pursuing an O-1 agent petition while working for just one company.

This shift is largely driven by employer behavior.

In many industries, employer sponsorship was once the default. Today, companies are pulling back, implementing blanket policies against sponsoring certain visa types or any visas at all. As a result, many professionals on OPT or H-1B find themselves needing an independent work authorization solution in order to stay in roles their employers want them to keep.

An O-1 visa agent structure allows that to happen.

We increasingly see situations where a company cannot sponsor but is willing to provide documentation and support for an agent petitioner. This creates a viable path forward without requiring the employer to change internal immigration policies.

Common Real-World Scenarios

OPT with a Single Employer

A student on OPT accepts a role at a small startup that does not sponsor visas. The company agrees to provide an authorization letter and supporting documents. Their counsel reviews the structure, confirms it is permissible, and requests an itinerary. An O-1 agent files the petition, allowing the individual to remain in the role.

H-1B Holder Seeking Greater Stability

A professional currently on H-1B wants to transition to an O-1 for long-term stability. Their employer only sponsors H-1Bs and cannot offer continued support once the H-1B expires. The company wants to retain the employee, but the individual must secure their own work authorization. An agent petitioner enables the transition without changing employers.

Multiple Lottery Attempts, Same Employer

After several unsuccessful H-1B lottery entries, an employee wants to keep their current job. The employer cannot sponsor outside the lottery process, but is willing to support an O-1 agent petition. This allows the employment relationship to continue.

What USCIS Actually Evaluates

USCIS is less concerned with who files the petition and more focused on whether the petition meets the regulatory requirements. In an O-1 agent petition, officers look for:

• Evidence of extraordinary ability under the O-1A criteria

• A legitimate U.S. agent petitioner

• Real, clearly defined work to be performed

• Clear terms of employment

• Proper contracts and authorization, such as offer letters and payroll documentation

There is no rule requiring that a visa agent petition involve multiple employers.

How an O-1 Agent Petition Works in Practice

In a single-employer O-1 agent petition:

• The visa agent is the official petitioner on Form I-129

• The actual employer is fully disclosed in the petition materials and support letters

• The petition includes:

  • A written agreement between the beneficiary and the agent petitioner

  • A written agreement or offer letter between the beneficiary and the employer

  • An itinerary describing the role and period of employment

    
    

From a practical standpoint, the individual continues working full time for the same company. The difference lies in who files the petition, not in the day-to-day job.

Why Choose an Agent Petitioner with One Employer

Even in a single-employer setup, working with an O-1 agent can be strategically beneficial.

Employer Hesitation

Many employers are unfamiliar with the O-1 or are uncomfortable acting as immigration sponsors. A visa agent can handle the petition process, reducing risk and administrative burden for the company.

Future Flexibility

An agent petitioner structure can make it easier to adapt as a career evolves, whether that means adding employers later or changing the scope of work. Amendments may still be required, and legal guidance is essential. Keep in mind that an O-1 visa with an agent is never blanket permission to perform any work you want to in the future.

Founders and Executives

For founders, executives with equity, or professionals with complex corporate control issues, an O-1 agent can help separate immigration sponsorship from corporate governance concerns.

Learn more from our FAQ page.

Key Takeaway

If you have one full-time employer and qualify for the O-1A, you do not have to be sponsored directly by that employer.

An agent petitioner is a lawful and well-established option, even in a single-employer, full-time scenario, as long as the petition is properly structured and documented.

For founders, senior researchers, executives, and other highly accomplished professionals, working with a visa agent can provide greater control, stability, and long-term flexibility in an increasingly restrictive sponsorship environment.

Book a consultation with us to learn more about agent sponsorship.

This content is provided for informational and educational purposes only and does not constitute legal advice. Immigration law is complex and highly fact-specific. You should always consult a qualified immigration attorney regarding your specific situation before making any immigration-related decisions.