An O-1 agent is a U.S. person or company that files an O-1 visa petition for you when you may not have a traditional employer, so you can work with several U.S. employers or clients under a single approved petition.
The O-1 is a U.S. work visa for people with extraordinary ability in their field. You can't file it for yourself. A U.S. employer or a U.S. agent must file it for you. For founders, freelancers, consultants, and contractors in tech, agent sponsorship is often the most practical way to get O-1 work authorization.
What Does an O-1 Agent Do?
An O-1 agent acts as the petitioner. The petitioner is the party that files Form I-129 (Petition for a Nonimmigrant Worker) with U.S. Citizenship and Immigration Services (USCIS) on your behalf. You are the beneficiary, the person the petition is for.
Think of the agent as the coordinator of your U.S. work. Without an agent, each company you work with would have to file its own separate petition. With an agent, one petition can cover all of those engagements together.
Under the federal O-1 regulations (8 CFR 214.2(o)), an agent can file in one of three ways:
- As your actual employer. The agent has a contract with you and directs your work.
- As an agent for multiple employers. The agent represents you and each of the U.S. companies you'll work with, with their permission. This is the model most freelancers and contractors use.
- As an agent for a foreign employer. This applies when your employer is outside the U.S. and can't file a U.S. petition directly.
An O-1 agent doesn't have to be your employer of record. In the multiple-employer model, the companies you work with stay your actual employers or clients. The agent's job is to represent those engagements to USCIS in one coordinated petition.
When Do You Need an O-1 Agent?
You don't always need one. If a single U.S. company wants to hire you full-time, that company can usually file the O-1 petition directly.
An agent becomes useful, and often necessary, when:
- You work with more than one U.S. company at the same time. Examples include a machine learning engineer consulting for three startups, or a product designer with several retainer clients.
- You're a freelancer or independent contractor. You may have no single company willing or able to act as your employer for immigration purposes.
- You're a founder with outside work. You might be building your own company while also advising, consulting, or speaking for others.
- Your work is project-based. Contract or gig work with defined start and end dates fits naturally into the agent model.
The alternative to an agent is having every employer file its own separate O-1 petition, each with its own documents and filing fees. That gets expensive and slow quickly, and it's hard to coordinate across clients.
What Does an Agent Petition for Multiple Employers Require?
USCIS looks closely at agent petitions because they involve several relationships at once. A typical multiple-employer agent petition includes the following:
- A written agreement between you and the agent. It sets out the terms of the agent relationship.
- Contracts with each U.S. employer or client. These cover the work you'll do, your pay, and other terms. USCIS can accept a written summary of an oral agreement, but written contracts are stronger.
- Authorization from each employer. Each company you'll work with confirms that the agent is authorized to file the petition on its behalf.
- A detailed itinerary. It lists the dates, the names and addresses of the employers, and where the work will happen.
- Evidence that you qualify for the O-1. This is the extraordinary ability evidence described below.
If the agent can't show genuine authorization from an employer listed on the petition, USCIS may approve the petition only for the engagements that are properly documented.
Can You Add New Employers After Your O-1 Is Approved?
Your O-1 work authorization covers only the employers and engagements in your approved petition. USCIS doesn't allow "speculative" employment, meaning work you hope to find but haven't lined up yet.
If you pick up a significant new client or your work changes materially, your agent will usually need to file an amended petition before that work begins. This is one of the most important rules to understand before you rely on an agent-based O-1.
As your O-1 agent, Build Extraordinary keeps your itinerary current and coordinates with your attorney on amendments, so tracking these changes doesn't fall on you.
O-1 Visa Requirements: O-1A vs. O-1B
An agent can file your petition, but you still have to qualify. The O-1 has two main categories, and most tech professionals fall under the O-1A.
| O-1A | O-1B | |
|---|---|---|
| Who it's for | Extraordinary ability in the sciences, education, business, or athletics | Extraordinary ability in the arts, or extraordinary achievement in motion pictures or television |
| Typical tech fit | Engineers, researchers, AI/ML specialists, founders, product leaders | Designers, creative technologists, game artists, digital media creators |
| Standard to meet | Sustained national or international acclaim; among the small percentage at the top of the field | "Distinction" in the arts; a higher "extraordinary achievement" bar for film and TV |
| Evidence needed | A major internationally recognized award, or at least 3 of 8 criteria | A major award or nomination, or at least 3 of 6 criteria |
| Initial validity | Up to 3 years | Up to 3 years |
O-1A criteria (at least three of these)
The eight O-1A criteria are: nationally or internationally recognized awards; membership in associations that require outstanding achievement; published material about you and your work; judging the work of others; original contributions of major significance; authorship of scholarly articles; a critical or essential role at a distinguished organization; and a high salary compared with others in your field.
In January 2025, USCIS updated its guidance with examples that are especially relevant to tech. Among them are founding or co-founding a startup with a distinguished reputation, patents and commercialized innovations, and significant contributions to widely used software or technical repositories.
O-1B criteria (arts)
For O-1B arts petitions, evidence can include: lead or starring roles in distinguished productions or events; national or international recognition such as critical reviews; a lead or critical role for distinguished organizations; major commercial or critically acclaimed successes; recognition from organizations, critics, or experts; and high compensation compared with others in the field.
Can You Self-Petition for an O-1? (No, but Here's What Founders Do Instead)
People often search for "O-1 self-petitioning," but that isn't how the visa works. An O-1 beneficiary can't file their own petition. A U.S. employer or a U.S. agent must file it.
Founders generally have two legitimate options:
- Your own U.S. company files the petition. A January 2025 USCIS policy update confirmed that a separate legal entity you own, such as a corporation or limited liability company (LLC), may file on your behalf. USCIS still looks at whether the company is a real employer, for example whether it has authority over your work, pay, and employment, and isn't just an extension of you.
- An agent files the petition. An agent can file a petition that includes your startup alongside other engagements, such as advisory or consulting work. This gives you one petition for a mixed portfolio of work.
Which route fits depends on your company's structure, your funding, and the work you plan to do. You should consult an immigration attorney to advise you on evaluating the best path forward for your situation.
Is an O-1 Agent the Same as an Immigration Attorney?
No. An O-1 agent and an immigration attorney play different roles, and a strong petition usually involves both.
- The agent is the petitioner. It holds the agreements, coordinates employer authorizations, maintains your itinerary, and supports you while you're on the O-1.
- The immigration attorney builds the legal case. They assess your eligibility, gather and frame your evidence, prepare the petition, and respond to any Request for Evidence (RFE), which is a USCIS request for more documentation.
Frequently Asked Questions
Can I work for multiple employers on an O-1 visa?
Yes. Each employer can file its own separate O-1 petition, or a single U.S. agent can file one petition covering all of your employers. With either approach, every engagement has to be documented and approved before you start the work.
Does an O-1 agent have to be my employer?
No. USCIS doesn't require an O-1 agent to be your employer of record. In the multiple-employer model, the companies you work with stay your actual employers or clients, and the agent represents those engagements in one petition.
Can a freelancer get an O-1 visa?
Yes, if you meet the O-1A or O-1B evidence requirements. Freelancers usually use an agent petition, because they work with several clients instead of one employer.
What's the difference between O-1A and O-1B?
O-1A covers extraordinary ability in the sciences, education, business, or athletics, and applies to most engineers, researchers, and founders. O-1B covers the arts, film, and television, and can apply to designers and creative technologists.
How long does an O-1 visa last?
USCIS can approve an initial O-1 petition for up to three years, based on how long your planned work will take. Extensions are generally granted in one-year increments. A petition for a new event or activity may qualify for a longer period.
What This Means for You
You don't need a single traditional employer to work in the U.S. on an O-1. If you're a founder, freelancer, or contractor with extraordinary ability, an O-1 agent can bring your U.S. work together under one petition while your attorney builds the legal case.
Build Extraordinary serves as an O-1 agent for founders, creatives, and innovators, working alongside immigration attorneys. Share a bit about your background and work to see whether you may be eligible and whether Build Extraordinary is a good fit.
See whether Build Extraordinary is a fit
Build Extraordinary serves as an O-1 agent for founders, creatives, and innovators, working alongside immigration attorneys. Share a bit about your background and work to see whether you may be eligible and whether Build Extraordinary is a good fit.
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Michael Cruse is an Immigration Program Co-Director at The Build Fellowship where he develops and directs, as well as guides Fellows through, the organization’s immigration lifecycle, including working closely with its legal team. Prior to joining The Build Fellowship, Michael served as an Immigration Lawyer for over 15 years at large, corporate firms in New York City, a boutique law firm in Minneapolis, and a nonprofit organization in Washington, DC. Michael holds a B.A. from the University of Arizona and a J.D. from Mitchell Hamline School of Law.
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