O-1 Visa and Talent Visas
O-1 Petitioner - O-1 for RU/BY - EB-1A Awards - EB-2 NIW Guide - Success Stories - Filing Fees
Petitioner - Employer & Beneficiary Requirements
Contents
- Terminology
- Who can be a petitioner
- Who CANNOT be a petitioner
- Employer-petitioner
- Agent scheme
- Agent requirements
- Itinerary
- Documents for the agent scheme
- Freelance misconceptions
- Own company as petitioner
- Spouse/relative as petitioner
- How to open an LLC
- USCIS updates 2025
- Official Q&A from USCIS
- Requirements from real RFEs
- Common filing mistakes
- Third-party agent services
- Quick Reference: What to do in different situations
- Costs and timeline (2025)
- Transition from O-1 to green card
- Sources
We analyze who can file an O-1 petition: employer, agent, own company, LLC. How the agent scheme works, requirements for the Itinerary, documents and typical mistakes.
Terminology
Petitioner for the O-1 visa is the U.S. company, organization, or individual (if using an agent scheme) who intends to hire the applicant to work in the U.S. and files the petition on their behalf. The petitioner must file Form I-129, Petition for a Nonimmigrant Worker with USCIS along with the necessary documents and evidence of the applicant’s extraordinary ability.
Employer — a person or organization offering employment and willing to act as the sponsor/petitioner. The employer must have the appropriate status in the U.S. and be specialized in the field in which you work. The employer must also provide evidence that you meet the O-visa requirements.
Employer-petitioner: what it means in practice
Employer-petitioner (U.S. employer) — this is when a U.S. company both files the petition and will be your employer. If the petition is approved, you may work only for that employer and only under the terms stated in the petition.
Can you work for multiple employers? Yes, but you need a different legal arrangement:
- Separate petitions — each additional employer files its own O-1 petition for you
- Agent scheme — a U.S. agent files a single petition covering multiple employers/projects (with contracts and an itinerary from each)
Short formula
With an employer-petition you work only for that employer. For multiple employers — either separate petitions from each, or an agent scheme with contracts and an itinerary.
Contract/Agreement: what USCIS really requires
A common misconception: “a signed employment contract is required.” In fact USCIS accepts two options:
- Written contract — a copy of a signed agreement between you and the employer
- Summary of an oral agreement — if there is no written contract, you can submit a summary of the terms of the oral agreement
USCIS Policy Manual (eng.)
Translation: "The contract must show what the employer offered and what the worker accepted. If an oral agreement exists, a document evidencing the oral contract is not required to be signed by both parties to demonstrate the oral agreement." - USCIS Policy Manual Vol. 2, Part M, Ch. 7
Detailed review
If you were fired or resigned
For O-1 there is a discretionary grace period of up to 60 days after termination of employment (or until the end of the authorized stay on I-94 — whichever is earlier). This is not an absolute right but a concession at USCIS’s discretion.
8 CFR 214.1(l)(2) (eng.)
Translation: "An alien in O-1 status... is not considered to have violated status solely by virtue of the termination of the employment on which his or her classification is based for up to 60 consecutive days or until the end of the authorized period of stay, whichever is shorter... DHS may shorten or cancel this 60-day period in its discretion. Unless otherwise authorized, the alien may not work during this period." - eCFR
Grace period — time after loss of employment during which you formally retain lawful status in the U.S., although you are no longer working. It is a buffer to decide next steps: find a new employer, change status, or depart.
What you can do during this period:
- Find a new employer — they file a new or amended I-129 (change of employer / amended petition)
- Change status — file for change of status to B-2 (tourist), dependent spouse status (H-4, L-2), or another category
- File for a green card — if eligible for adjustment of status
- Prepare to depart — leave the U.S. before the 60 days expire
You cannot work during the grace period
USCIS explicitly states: during the grace period work is not allowed "unless otherwise authorized" by applicable work authorization rules. This is only time to decide next steps. The count starts the day after the last paycheck.
Do not confuse with the 10-day buffer
There is a separate rule (8 CFR 214.2(o)(10)): up to 10 days before the start of validity and up to 10 days after the end of validity of the visa (a "buffer" for entry/exit). But you also cannot work during these 10-day periods. This is a different provision, not related to termination. See the timeline section for details.
Advantages of an employer-petitioner
- The employer can provide additional benefits: health insurance, payment of relocation to the U.S.
- Simpler and more reliable filing process if the employer has experience
- A USCIS officer may find it easier to grant approval if you have an offer from a U.S. employer
- Fewer questions at the consular interview: a single employer appears more credible, especially in fields like IT where multiple simultaneous employers are uncommon
Important: for the consular interview
In fields such as IT, finance, or engineering, where people typically work for a single employer, the agent scheme may raise additional questions at the consulate. The consul may view it as an attempt to circumvent the requirement to have a real employer. In that case all your letters of intent will be scrutinized: the consul may verify each engagement, contact companies, and ask clarifying questions. A single stable employer looks more convincing and reduces the risk of refusal at the visa interview.
Alternative
You can set up a company with an acquaintance or relative, and that company can be your petitioner. See Own company as petitioner for details.
Disadvantages of an employer-petitioner
- Hard to find an employer: before you have work authorization for the U.S., employers are often reluctant to hire
- Tied to the employer: if you are fired, your status is lost and you must leave the U.S. This creates potential for worker exploitation — be aware of these risks
- Risk of company closure: if your employer is a small company or startup, it may cease operations while you are assembling documents or during filing; such cases are known
Who can be a petitioner
Three main types of petitioners
| Type | Description |
|---|---|
| U.S. Employer | American employer who directly hires the beneficiary |
| U.S. Agent | American agent acting on behalf of an employer or the beneficiary |
| Foreign Employer via U.S. Agent | Foreign employer using an authorized U.S. agent |
Requirements are the same for O-1A and O-1B
Everything below about the petitioner applies to both O-1A (science, business, education, athletics) and O-1B (arts, film, television). Only the criteria for proving extraordinary ability differ; petitioner requirements are identical.
U.S. Employer
- A legal entity registered in the U.S.
- Has a Federal Tax ID (EIN)
- Can demonstrate real business activity
- Establishes standard employment relations with the beneficiary
U.S. Agent
According to USCIS, an agent may be:
- Actual employer — the beneficiary’s actual employer
- Dual Representative — representative of both the employer and the beneficiary
- Authorized Agent — an authorized party acting on behalf of the employer
Beneficiary-Owned Entity (Company owned by the beneficiary)
As of January 8, 2025 USCIS has officially confirmed that a company owned by the beneficiary may file a petition on their behalf.
USCIS Policy Manual, Vol. 2, Part M, Ch. 3 (eng.)
Translation: "A separate legal entity owned by an O-1 beneficiary may be eligible to file a petition on behalf of the O-1 beneficiary." - USCIS Policy Manual
Sponsor (petitioner) responsibilities
An O-1 sponsor assumes the following obligations:
- File Form I-129 on behalf of the beneficiary (file at least 45 days before the start date, and not more than 1 year in advance) — see USCIS
- Provide evidence of the beneficiary’s extraordinary ability
- Confirm a bona fide need for the beneficiary’s specialized skills
- Be the point of contact for all communications with USCIS
- Notify USCIS of changes in employment conditions that could affect O-1 status
USCIS (eng.)
Translation: "Your employer or agent cannot file more than one year before they will need your services. To avoid delays, the employer or agent should file Form I-129 at least 45 days before the employment start date." - USCIS
Premium Processing
With Premium Processing ($2,965) a decision is issued within 15 business days, so the 45-day filing recommendation can be shortened.
Who CANNOT be a petitioner
Absolute prohibitions
7 cases in which USCIS will deny a petition.
| Prohibited | Reason |
|---|---|
| The beneficiary themself (as an individual) | Regulations explicitly prohibit self-petitioning |
| Sole Proprietorship (SP) | Not a separate legal entity — no separation from the owner |
| Family members / relatives | Heightened scrutiny, higher risk of denial (see relatives section) |
| Companies without a U.S. presence | Petitioner must be a U.S. entity or use a U.S. agent |
| Companies without separation of control | If the beneficiary is the only person who can fire themself |
| Speculative employment | Work must be real, not hypothetical |
| Shell company | A company without real business activity |
Why a Sole Proprietorship doesn’t work
Unlike an LLC or Corporation, a sole proprietorship is not a separate legal person from the owner. The petitioner must be a separate legal person from the beneficiary — this is a key requirement. If you operate as a sole proprietor in the U.S., you must register an LLC or Corporation to file an O-1 petition.
USCIS states this clearly:
Key USCIS quote (eng.)
Translation: "Aliens in O-1 classification may not file a petition on their own behalf." - 8 CFR 214.2(o)
Detailed review
What this means in practice
If you are:
- A freelancer without an employer — you need an agent
- A 100% company owner without a board — you need restructuring
- Wanting to work “for yourself” — you must create separation of control
Employer-petitioner
Advantages
- The employer can provide additional benefits: health insurance, payment of travel to the U.S.
- Simpler and more reliable petition process if the employer has experience
- A USCIS officer may be more likely to approve if you have an offer from a U.S. employer (but not guaranteed)
- You can form a company with acquaintances or relatives and have that company as your petitioner
Disadvantages
- Finding an employer is not easy: employers are cautious about candidates who do not yet have authorization to work in the U.S.
- Your visa ties you to the employer. If they fire you, you lose status and must leave the U.S.
- This can lead to potential exploitation. Be aware of these risks
- If your employer is a small company or startup, it might cease to exist in the U.S. while you are preparing petition documents. Such cases are known to us
Examples of sponsors by industry
Who typically acts as petitioner in different fields.
| Industry | Potential sponsors |
|---|---|
| Arts & Entertainment | Production companies, talent agencies, event organizers, film studios, galleries |
| Sciences & Research | Research institutes, universities, tech companies, government agencies |
| Business & Tech | Corporations, startups, consulting firms, venture funds |
| Athletics | Sports teams, leagues, athletic clubs, sports management agencies |
How to find a sponsor
Finding a sponsor is often the hardest part of an O-1 process. Practical tips:
- Networking — use professional connections, attend industry events
- LinkedIn — search for companies that have sponsored O-1 visas (can be found in LCA Database)
- Professional associations — many have resources to find U.S. employers
- Startup accelerators — if you’re a founder, consider programs like Y Combinator, Techstars
- Agent services — if you can’t find a direct employer, use third-party agents
Detailed review
When contacting potential sponsors
Prepare: a portfolio of achievements, a list of awards/publications, and an explanation of why your skills are unique. The sponsor will need to show USCIS that your presence is critically important for their work.
Comparison: Agent vs Employer
A detailed comparison of the two O-1 petition routes.
| Aspect | Employer-petitioner | Agent-petitioner |
|---|---|---|
| Typical situation | Beneficiary works for the petitioner in traditional employment (full-time) | Beneficiary works for multiple employers during the visa term (projects, contracts, gigs) |
| How many employers can you work for? | Only one — the petitioner. Working for another requires a new petition | Multiple employers listed in the Itinerary. Agent represents them all |
| Does each employer need a separate petition? | Yes — each employer files their own O-1 petition | No — agent files one petition representing all employers |
| Required documents | Job offer letter specifying title, salary, terms | Agent-beneficiary contract + Itinerary (dates, locations, employers) + contracts with each employer |
| Who it’s for | Full-time employees seeking stability and benefits (insurance, relocation) | Freelancers, consultants, content creators, entrepreneurs, artists, athletes |
| Flexibility | Low — tied to one employer. Changing = new petition | High — can change projects within the Itinerary (with USCIS notice) |
| Filing complexity | Easier — one employer, one contract | Harder — need contracts with all employers, detailed Itinerary |
| Risks | Dependence on employer. Termination = status loss (60-day grace period) | More documentation. Working outside the petition’s job description = status violation |
| Petitioner duties | Contact with USCIS, notify changes in employment | Contact with USCIS, notify changes, coordinate among employers |
Main limitation of both schemes
Any work outside the job description in an approved O-1 petition is a status violation. With an employer-petitioner you are limited to one position. With an agent scheme you are limited to the list of employers and types of work in the itinerary. Deviations require an amended petition.
From the table it is clear that the agent scheme offers more freedom. But you must understand its limits:
Agent ≠ Self-petition
The agent scheme is not freelancing and not a license to work for anyone. You still need an agent (a third party) to file the petition for you, coordinate employers, and be accountable to USCIS. The difference from an employer-petitioner is that there can be multiple employers.
Agent scheme
History of the agent scheme
What happened?
USCIS issued a memo in November 2009 titled “USCIS Memo on Requirements for Agents and Sponsors Filing as Petitioners”, explaining how they would evaluate O-1 petitions filed through agents. Many in the O-1 community — especially creatives and athletes who commonly use O-1s — reacted negatively to this approach.
The memo altered USCIS’s interpretation of existing rules and added requirements that hadn’t been enforced previously, even though the underlying regulations hadn’t changed since 1994.
2011 stakeholder conference
USCIS held a stakeholders’ conference on March 24, 2011 to discuss agent-related issues. Some questions were clarified, but many remained unresolved. One worrying point: USCIS suggested performers who accept projects with employers not listed in their initial petition might be considered out of status. This caused concern in industries already facing economic strain.
Root problem
USCIS sought to create rigid rules for a visa meant to be flexible. The O visa has highly subjective legal standards, allowing adjudicators to use discretion. USCIS’s drive for “clarification” disrupted established expectations in professional communities.
Many issues arise from using the words “employer” or “employment.” These terms often do not accurately describe how work is performed in fields that rely on the O-1 visa.
Why the employer-employee model doesn’t fit
Although many are paid, most professional athletes in individual sports, and many famous artists and performers, are not employees in the traditional sense. This is not secret: when people go to the movies they know actors aren’t studio employees but are paid a fixed fee per film. Musicians are not employees of record labels. Many sports stars have no boss.
The fact that much of arts and entertainment doesn’t fit the employer-employee model was a primary reason for creating O categories in 1991.
Who is an agent?
In the O-1 context an “agent” may be:
- A U.S. organization or company that acts as an agent or business manager (e.g., talent representation)
- One of several potential U.S. companies/organizers that wish to use the beneficiary’s services (“Agent acting as employer”)
- An independent U.S. party with a tax ID authorized by employers to represent the beneficiary for petition filing
- A green card holder (with at least six months validity)
An agent-applicant is the petitioner and may (but does not have to be) the employer. The beneficiary can work for multiple employers in this setup.
Four types of agent schemes (per USCIS)
Type 3 (multiple employers) is the most common.
| Type | Description | Key documents |
|---|---|---|
| Type 1: Agent as employer | Agent directly hires the beneficiary, pays wages and controls work | Contract with wage, evidence of control, itinerary |
| Type 2: Agent performing employer functions | Agent performs employer functions without formal hire — contracts with end-users NOT required | Evidence of delegation of control to the agent by end clients |
| Type 3: Agent for multiple employers | One agent files for work with multiple employers | Itinerary, contracts with EACH employer, authorization letters |
| Type 4: Agent for a foreign employer | U.S. agent represents a foreign employer who cannot file directly | Authorization from foreign employer, ability to accept service of process |
Type 3 — most common
Most agent petitions use Type 3 — a blanket petition for multiple employers. It requires a full itinerary with dates, addresses and contracts from each employer.
To file an O-1 petition with an agent you need:
- An agency agreement
- Multiple employment contracts or letters of intent
- A schedule of all future engagements (Itinerary)
Advantages of the agent scheme
Filing through an agent allows the visa holder to work for different companies or projects, whereas with an employer-petitioner they are generally tied to a single employer.
Blanket Petition (single petition for multiple employers)
An agent can file a blanket petition — a single petition that permits the beneficiary to work for multiple employers or contractors during the visa period. This avoids filing separate petitions for each employer or project.
Blanket petitions are particularly useful for:
- Actors, performers, musicians with multiple engagements
- Consultants working project-based
- Athletes performing with various clubs/leagues
- Freelancers with many short-term contracts
Real-world scenarios where the agent scheme helps
In practice the agent scheme solves real problems faced by talent in the U.S.:
Startup founders with funding issues. Early-stage startups may not be able to sponsor visas or meet employer petition requirements. Through an agent a founder can work for their startup and also earn consulting income from other companies while the business grows.
Surviving a layoff. After H-1B termination you have 60 days to find a new sponsor. With an O-1 through an agent you can immediately start consulting, advisory work, or work for multiple companies without waiting for approval of a new petition by a single employer.
Monetizing multiple ventures. If your income comes from speaking fees, advisory roles, consulting and courses — the agent scheme allows legally working in all these streams simultaneously.
Indie builders and creators. Tech entrepreneurs creating products (indie hackers) or creators with multiple revenue streams (YouTube, courses, consulting) can use the agent scheme to legitimize a portfolio career.
Main advantage
The agent scheme gives flexibility: you are not tied to one employer and can adapt activities as circumstances change without filing a new petition.
This flexibility is especially important when transitioning from other visas:
When switching from H-1B to O-1 via an agent
If you want to remain with your current employer but switch to O-1 via an agent, be sure to include your current employer in the itinerary and the list of O-1 contracts. Otherwise you cannot work for them under O-1 until an amendment is filed.
Disadvantages of the agent scheme
- You must obtain written confirmations of intent to work from multiple potential employers. This is not easy if your U.S. professional network is limited
- If your agent is not the primary beneficiary of your work in the U.S., finding and contracting with an agent can be costly or time-consuming
From practice
Although USCIS guidance does not state how many employer contracts are needed in an agent scheme, attorneys usually advise having at least 2 U.S. employers or 1 foreign employer. This recommendation is based on experience with USCIS officers.
An individual as an agent
Yes, an individual can be an agent, provided they have:
- A U.S. Tax ID (SSN or ITIN)
- Ability to document the agency relationship
- Legal right to work/operate a business in the U.S. (green card holder with at least 6 months validity)
Manifest Law (eng.)
Translation: "In practice, almost any party can act as an agent-petitioner for an O-1 visa if sufficient evidence of the agency relationship is established." - Manifest Law
You don’t need to be a “professional agent”
Per Lighthouse:
Lighthouse Immigration (eng.)
Translation: "You do not need to be an exclusive agent for a given employer. You may represent other employers at the same time. On the other hand, you do not need to be a recognized agent outside this petition to meet the requirements." - Lighthouse
Can you change agents while in O-1 status?
Yes. If you need to change agents (agent stops operations, conflict, or you found a better option), the process is:
- File a new petition — the new agent files Form I-129 as a “new employer” or “change of employer”
- No need to leave the U.S. — if the new petition is filed before your current status expires, you may remain in the U.S.
- You can work — after receiving the USCIS receipt number you may continue work for new clients
When this may be necessary:
- The agent ceases operations or closes
- High commissions by the current agent
- Contractual conflict with the agent
- Transitioning from agent scheme to direct employer (or vice versa)
Do not terminate the relationship with your old agent until the new petition is approved. Otherwise you may lose lawful status.
Agent requirements
Mandatory documents
Four documents without which the petition will be rejected.
| Document | Description |
|---|---|
| Contract | Between agent and beneficiary specifying wage and terms |
| Itinerary | Work schedule: dates, locations, employers |
| Contracts | Agreements with each employer |
| Authorization | Documents proving the agent’s authority |
The agent’s role is not a formality
USCIS verifies that the agent is genuinely authorized to represent you. The agent must control your schedule, have the authority to negotiate your services, and perform employer-intermediary functions (coordinate and pay for contract work). A casual acquaintance without formal documentation will not suffice.
Contract requirements
USCIS (eng.)
Translation: "The contractual agreement between the agent and the beneficiary should state the proposed wage and other terms of employment." - USCIS Q&A
Allowed:
- A written contract (preferred)
- A summary of an oral agreement
No prevailing wage requirement
Unlike H-1B, O-1 has no prevailing wage requirement: "The regulations do not contain a prevailing wage requirement. Furthermore, no particular wage structure is required."
Itinerary requirements
If working in multiple locations:
- Type of work for each engagement
- Start and end dates
- Addresses of all work sites
- Names of all employers
Evidence of “In Business as Agent”
Per the USCIS Policy Manual:
USCIS Policy Manual (eng.)
Translation: "Officers consider evidence that the petitioner likely operates as an agent for a series of events, services, or engagements. The focus is whether the petitioner can establish authorization to act as agent for other employers. This does not require the petitioner to demonstrate they routinely serve as an agent outside the context of the petition." - USCIS Policy Manual
Examples of proof of authorization:
- Document signed by the employer(s) authorizing the agent
- Statement confirming the itinerary/employer information
- Agency representation contracts
- Fee agreements
- Statements from employers about the nature of the representation
On compensation
"While compensation helps establish agency, it is not required." — Compensation helps show agency but is not mandatory.
Itinerary
A petition that requires the beneficiary to work in more than one location must include a schedule listing dates and locations of work. There are no exceptions to the itinerary requirement when a petition is filed by an agent.
USCIS allows flexibility in how detailed the itinerary must be and considers industry standards when determining whether the requirement has been met.
What must the itinerary include (minimum):
- The type of work the beneficiary will perform
- Where the work will be performed
- When the work will be performed
One primary function of the plan/itinerary is to show that you, as an O-1 applicant, have contracts to work for the entire requested visa period.
Who can be an agent:
- The actual employer
- A representative of the employer
- An individual or entity authorized by the employer to act as its agent
- A green card holder (with at least six months validity)
An agent-petitioner allows the beneficiary to work for multiple employers during the O-1 validity period. Essentially, if you want to appoint a friend, colleague, or business partner as your “agent” to file an O-1 petition, this is permitted provided the agent meets the specified requirements.
Documents for the agent scheme
Letters of intent
Under an agent scheme you will need letters of intent, agreements and/or deal memos from U.S. companies stating they wish to engage you in a specified role with a stated rate for upcoming periods.
There is no requirement that each letter covers a fixed period, but ideally, taken together the letters should cover a 3-year period, showing employment for the entire visa duration.
Deal Memo
A Deal Memo (or deal memorandum) is a type of contract commonly used in entertainment and the arts. It confirms that the parties have agreed on certain terms: scope of work, payment, rights and obligations.
A Deal Memo should include:
- The beneficiary’s full name (including any stage names)
- The position or job title — use industry-standard titles or provide a description for nonstandard titles
- Compensation
- Signature of the employer and the beneficiary
On signatures
Agents, representatives, and third parties cannot sign an employment agreement on behalf of the beneficiary, except where a parent or guardian signs for a minor. Vague job titles and unclear duty descriptions can delay petition processing.
Also required (may be in a separate itinerary):
- Dates when the beneficiary must be in the U.S.
- Project names the beneficiary will work on
- The beneficiary’s principal place of work in the U.S. (if any)
Important
USCIS rules do not require that the relationship between you and the agent be formal. A friend or colleague may act as your agent, but strict documentary requirements apply when filing the petition.
When agents can file petitions:
- For traditionally self-employed workers
- For workers who use agents to organize short-term engagements with multiple employers
- When a foreign employer authorizes an agent to act on its behalf
Refer to the USCIS website for official information.
Checklist of documents for the agent scheme
Primary documents:
- Contract between the Agent and the Beneficiary describing agent-beneficiary terms
- Letter(s) of Intent from potential employers
- Itinerary listing jobs or events for the visa period
- Agent information (brochure or financial statement)
Agent information for forms:
- Business primary address
- Federal Tax ID
- Year established
- Gross and net annual revenue
- Total number of employees
- Full company name
- Name and title of designated official (authorized signer)
- Phone, fax and email
If the beneficiary has planned work with other employers, also include:
- Contract between agent and employer (signed by both)
- Contract between employer and beneficiary (any document, including emails or a signed oral agreement)
- Information about the potential work or event
- Basic employer information
Contracts do NOT replace the itinerary
A common mistake: submitting employer contracts but not including a full itinerary. USCIS requires both documents: contracts verify the terms of work, and the itinerary shows specific dates, addresses and work locations. Having contracts does not remove the obligation to provide a detailed itinerary.
Example of an agent-scheme denial
According to Curran, Berger & Kludt, a petition for an O-1B visa filed on behalf of an Iranian playwright was denied because the job offers indicated compensation would depend on projects and duties assigned later.
The petition lacked sufficient facts to establish the terms of employment for the beneficiary. The offer letters and work plan did not contain enough detail about what the playwright would do or how much they would be paid. Documents also mentioned future projects that were not yet defined.
Conclusion: if the agent or beneficiary cannot confirm employment terms due to the nature of the field, you must provide an explanation that this is standard practice in the industry.
Freelance misconceptions
Main misconception
"If you file through an agent-sponsor/petitioner, you can work as a freelancer."
The fact that the O-1 allows you to receive payment and pay taxes as an independent contractor does not mean you can independently manage projects or work for whomever you want.
Any changes or additions to your work plan (new employers not listed in your petition) must be approved and tracked by your agent-sponsor/petitioner.
Important
Please pay very close attention to this requirement to avoid any violations of your status.
The agent scheme was created by USCIS not to enable freelancing or self-employment, but to allow people with legitimately multiple contracts throughout the year to obtain permission to work via O-1. So don’t be confused by terms like “itinerary” or letters of intent listing multiple potential employers.
Own company as petitioner
The O-1 visa is for foreigners demonstrating extraordinary ability. Generally the O-1 petition is filed by an employer or agent; self-petitioning is not allowed.
However, in 2016 amendments to the Foreign Affairs Manual (FAM) allowed a legal entity owned by a foreign national to file an O-1 petition on their behalf.
Two scenarios for using your own company:
- Scenario 1: You want to obtain O-1 status specifically through your own business
- Scenario 2: You already have O-1 status and want to create a business and work for your own company
In both cases there must be an employer-employee relationship.
Problem of sole ownership
The Neufeld Memo (2010) redefined employer-employee relationships for U.S. employers: if the applicant is the "sole operator, manager and employee," the employer-employee relationship does not exist because the applicant cannot fire themselves.
Solution: create separation between the entrepreneur-applicant and the company via a board of directors or an agent. See USCIS Q&A on the Neufeld Memo for details: https://www.uscis.gov/archive/questions-answers-memoranda-on-establishing-the-employer-employee-relationship-in-h-1b-petitions.
How to establish an employer-employee relationship?
On opening a single-member LLC: You need to create a Board of Directors (one or more people, depending on state law). They do not need to be U.S. citizens, but must have the right to work in the U.S. This board hires and fires, while ownership can remain 100% by one person.
If someone wants to file an O-1 through their own company, the FAM guidance allows that person to “file through” a company they wholly or partly own. This means the person may work in the U.S. for other employers and also perform additional work in their field of expertise during the O-1 validity without needing a new petition.
FAM stands for the Foreign Affairs Manual — the U.S. Department of State manual containing visa-related policy and guidance.
For those already in O-1 status it is possible to form a business (including limited corporate acts like forming a corporation or LLC, opening a bank account, etc.) without additional work authorization. However, direct management and operation of the business may require appropriate work authorization beyond O-1.
Therefore an O-1 applicant may be the sole shareholder of a company and be employed by that company, provided there are governance bodies (e.g., a board) that can hire/fire, pay, or otherwise control the applicant.
Another option — partner with someone who has work authorization (U.S. citizen, green card holder) and delegate operational responsibilities to that partner.
Who signs the petition
According to the Policy Manual (2025), the beneficiary cannot sign documents on behalf of the company-petitioner. An authorized official must be designated: an attorney, trustee, or board member.
From this follows a requirement on company governance:
Requirement for an independent director
For your own company it is recommended to have at least one independent director — a person who is not the beneficiary and is financially independent from them. The board should have documented authority to hire/fire by majority vote (not solely by the beneficiary).
Business plan for self-petition
If your company is the petitioner, a business plan is an important document for USCIS. It should include:
- Company purpose — what it does and what market it serves
- Your role — how your extraordinary abilities will be used
- Operating model — how the company generates revenue
- Market research — proof of demand for services
- Financial projections — demonstrating business viability
Why a business plan is needed
The business plan shows USCIS that the company is legitimate, has a viable model, and will provide real opportunities to use your expertise. This is especially important for new companies without an operating history.
What DOES NOT work
Sole proprietor — never. LLC without a board — previously problematic; after 2025 it is permitted.
| Structure | Why problematic |
|---|---|
| Sole proprietor | No separation between owner and business — does not work |
| Single-member LLC without a board | Previously required a board — after 2025 allowed |
| 100% ownership + sole director | Previously required external control — after 2025 allowed |
Update 2025: requirements relaxed
After the Policy Manual update (January 8, 2025) the external control requirement is no longer applied as strictly. 100% company ownership is now acceptable, and the petition can be signed by the owner himself