Nevertheless, seeking an O-1 visa autonomously is not feasible. To proceed, you require a petitioner - an American company, organization, or agent who will submit an application on your behalf. The petitioner must be in the United States, ensure your employment, and provide evidence of your exceptional abilities and compliance with the requirements of the O-1 visa.

Who can be your petitioner for an O-1 visa:

• Employer with whom you will sign a contract. However, finding such an employer can be quite challenging, especially if you do not have the necessary work authorization in the United States. In this instance, your visa status will depend on the contract; termination would require departing the country — a scenario in which the employer may exert undue influence over you.
• Your own company. You can start your own business and enter into an employment contract with yourself as an employee. This approach gives you full control, eliminating the risk of dismissal. However, registering a company requires time and effort. You need to create a website, find an address, and hire at least one employee or organize a board of directors.
• An agent who will file a visa application for you. The agent can represent your interests, with them as the petitioner, you have the flexibility to work for multiple employers or engage in various projects concurrently.

Benefits of the agent scheme for the O-1 visa petition

In USCIS recommendations it is stated that if the visa beneficiary will be concurrently employed by multiple employers, each employer must file a separate petition, or a U.S. agent can file a single O-1 visa petition representing all employers.

The agent scheme for obtaining an O-1 visa in the USA makes your employment more flexible and convenient. It's a perfect option for freelancers, creative professionals such as artists, musicians, architects, models, photographers, designers, or athletes, as well as for lawyers, consultants, IT specialists, and other professionals engaged in project activities, and those employed by multiple employers concurrently. Below are several pivotal benefits:

• More work opportunities
  With an agent, you are not limited to one employer. This allows you to take on multiple projects concurrently, which is particularly useful for those working in the entertainment, sports, or consulting industries. An agent can manage your workload by organizing short-term contracts and projects.
• Reducing risks associated with the employer
  Unlike the conventional single-employer setup, an agent scheme offers minimized reliance on any particular company, reducing risks associated with contract termination. You can easily switch between different projects and employers without worrying about the need to file new petitions. This enables you to flexibly manage your career and quickly adapt to market changes.
• Working for a foreign company
  If your primary employer is located outside the U.S., an agent may represent its interests and file a petition on its behalf. This allows you to work in the U.S. without severing connections to your foreign employer.
• Simplifying bureaucratic procedures
  The agent takes on a significant portion of the bureaucratic work associated with petition filing. This ensures a smoother and more predictable visa application process.

Who can act as an agent for an O-1 visa:

• One of the actual employers with whom you enter into a contract and who is willing to take on the role of petitioner.
• A representative of the employer authorized to handle visa matters and file a petition on behalf of the employer. This could be a lawyer, consultant, or specialized agency.
• Individuals or entities holding a contract with the visa recipient, possessing the authorization to work in the U.S., and having a tax identification number (including green card holders with at least 6 months validity) are eligible. Even if you want to appoint a friend, acquaintance, or business partner as your "agent" to file the O-1 petition, it complies with U.S. regulations for work and tax identification numbers (including green card holders with at least 6 months validity). However, the agent must meet specific requirements.

Downsides of the agent scheme:

Dependency on agent

The agent has full authority over your stay in the USA. If relations with the agent deteriorate, it could affect your visa status and your ability to stay in the country.

An abundance of confirmations

You need to gather written confirmations of intent to cooperate or hire you from several potential employers. This can be challenging, especially if you have limited professional networking in the U.S.

Search for a suitable agent

Finding a dedicated agent to champion your interests and file a petition can be expensive and time-consuming, especially if the agent is not the primary beneficiary of your work in the United States.

Some professionals might find it more beneficial to establish their own company in the U.S. and engage directly, rather than going through an agent. This will give you more control over your work and reduce dependence on an agent. The choice depends on your specific situation and professional goals. Our immigration attorneys will help determine the best strategy for obtaining an O-1 visa and succeeding in the United States.
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Scenarios of working with an O-1 visa agent

1. The agent performs the functions of the employer:

If the agent performs the functions of an employer, the petition must include a contract between you and the agent, clearly describing the agent's duties as an employer, including salary and other employment terms. The agent must demonstrate the ability to control your work within the framework of this contract.

Also required is an itinerary of all future work relations with dates, names, and addresses of events you will be participating in or work you will be performing for the entire duration of the visa.

Documents confirming the company-agent's status are required: address and contact information in the USA, federal tax identification number, year of company establishment, number of employees, financial statements, etc.

2. The agent represents the interests of one or more employers.

The agent submitting a petition for your visa must provide contracts between him and each of the employers intending to use your services, confirming the specific work you will be performing, your fees, work conditions, and your agreement to these terms.

One of the actual employers in this scenario may act as an agent if he is willing to enter into agreements with your other employers.

An employer could potentially be a foreign company. Moreover, the rules do not prohibit your own company registered in another country from playing this role. However, it is important that its interests are represented by an American agent.

The agent will also need to provide a detailed plan of your work, documents confirming the agency's status, and a contract or resume of the oral agreement with you as the visa recipient.

If the actual employer is replaced, the agent must submit an amended petition with evidence related to the new employer and a request for an extension of stay.

3. The agent represents your interests when working on short-term contracts or at specific events.

If the recipient is a freelancer, the agent can act as a petitioner on their behalf. This is particularly relevant in fields where short-term contracts and freelancing are the norm, such as art, sports, entertainment, and consulting.

In this case, you will need to provide contracts between you and your employers, confirming their intent to engage you for specific tasks at specific times. Engagement letters or deal memorandums, commonly used in the entertainment and arts industry, are suitable for this purpose. They confirm American companies' intent to hire you for a particular role with conditions of work, payment, rights, and responsibilities. Each letter does not have to specify a particular period of collaboration, but it is advisable that together they cover the entire duration of the visa. This helps demonstrate the existence of specific and real work plans in the United States.

This scenario will also require the itinerary of your planned activities, the agency documents, and the contract with you as the visa recipient. Additionally, you will need to provide written consent for the agent to act as the petitioner for the visa from all other employers or event organizers listed in the itinerary.

It is important to remember that the O-1 visa while allowing you to receive payment and pay taxes as an independent contractor, does not mean that you can independently manage your work projects or work for any employer. All significant changes and additions to your work plan (new employers not listed in your petition) must be approved by your agent and included in the petition as an amendment.

In any scenario, in order to obtain an O-1 visa, the petitioner will have to prove his/her eligibility to the  Exceptional ability criteria. The O-1A visa is intended for individuals with outstanding abilities in the fields of business, education, science, and sports, and to qualify for it, one must meet at least three of eight criteria. The O-1B visa is for individuals with outstanding abilities in the arts and television, and to qualify for it, one must meet at least three of six criteria.

The O-1 visa with Relogate

If you are planning to obtain an O-1 visa through the agent scheme, we at Relogate are ready to assist you at every stage of this process.

• Search and selection of an agency.
  ‍We will help you find an agency that meets your needs, assist in signing a contract, and provide necessary support throughout the petition submission process.

• Documents preparation
  We will gather, compile, and prepare all the necessary evidence of your outstanding abilities and achievements.

• Providing immigration lawyers
  We provide support for your case with experienced immigration attorneys specializing in O-1 visas to ensure successful completion of all application stages.

• Public profile upgrade
  We will help you improve your public profile, including publications in reputable journals, participation in conferences and events, and the development of a strategy to enhance your visibility and recognition in the industry. We will ensure the creation and promotion of media content, active involvement in professional associations, and the acquisition of awards that can strengthen your O-1 visa application.

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The О-1 visa it is not an immigration visa and does not burden its holder with the tax obligations of a green card permanent resident. This is a great opportunity to come to the United States, look around, and see if you like the country. If everything suits you, you can subsequently apply for immigration visas EB-1 or EB-2 NIW and obtain a green card for permanent residency.

The criteria for the O-1 visa are essentially the same as for the EB-1 visa, enabling you to use the same documents to change your status to an immigrant visa. In the case of the EB-2 NIW visa, you need to demonstrate that your activities in the USA serve the country's national interests. If you do not currently meet the more stringent requirements for immigrant visas, the O-1 visa can act as a stepping stone, allowing you to move quickly, then refine the necessary criteria and apply for a green card.