Work Like a Freelancer: O-1 and Agent Petitioner
As we mentioned in our previous blog post “Different Types of Petitioners for O-1”, many professions eligible for the O-1 visa are traditionally characterized by self-employment or freelance work, often involving short-term engagements rather than full-time employment. The O-1 visa, when petitioned by a U.S. agent, allows the beneficiary the flexibility to work for multiple employers, as opposed to being tied to a single employer. In this post, we will discuss some important requirements that must be satisfied for an O-1 visa petitioned by a U.S. agent.
Who Can Be Your Agent?
The regulations stipulate that both individuals and organizations can act as U.S. agents for an O-1 petition. This means that any individual holding U.S. citizenship or a green card is eligible to serve as a U.S. agent for O-1 petitions. Importantly, the designated individual is not required to have expertise in the same field as the O-1 beneficiary. For instance, a U.S. citizen or green card holder with different professional backgrounds can serve as the U.S. agent for a musician. A U.S. agent can be the O-1 beneficiary’s friend, relative, or actual employer.
Required Documents
For an O-1 petition by a U.S. agent, the below-listed documents need to be submitted:
Agent Agreement: The agreement between the U.S. agent and the O-1 beneficiary that the U.S. agent will represent the O-1 beneficiary for the O-1 petition.
The U.S. Agent Document: Proof of the U.S. agent’s U.S. citizenship or permanent residence.
Itinerary: A detailed itinerary that provides events and productions the O-1 beneficiary will participate in.
Deal Memos: Deal memos or contracts form prospective U.S. employers who will employ the O-1 beneficiary upon the approval of O-1 visa.
What Deal Memos Should Include
When an O-1 petition is filed by a U.S. agent, there is no requirement for prospective U.S. employers to directly sponsor the O-1 petition. Nevertheless, the O-1 beneficiary is still required to obtain deal memos from multiple U.S. employers. Deal memos demonstrate to USCIS that there will be work opportunities in the U.S. for the O-1 beneficiary. The key terms to be provided in O-1 deal memos include but are not limited to:
Employer Name
O-1 Beneficiary’s Job Title
Job Duties
Date of Employment
Salary/Fee
Location of Services
Prospective Events/Productions
Agent Authorization Clause
Please note that deal memos without key terms may trigger Request for Evidence (RFE) from USCIS.
Conclusion
In conclusion, the O-1 visa petition by a U.S. agent offers a unique avenue for individuals to work with multiple employers without the necessity of direct sponsorship. By understanding key aspects of this process, potential O-1 candidates may leverage the flexibility provided by the U.S. agent pathway for a diverse and dynamic professional experience in the United States.
