Who Can File an O-1A: Employer, Agent or Company

“A U.S. employer may file an O-1 or O-2 Petition for a Nonimmigrant Worker (Form I-129).”

“A U.S. agent may also file such a petition when it involves workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to act in its behalf.”

“O beneficiaries may not petition for themselves. However, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf.”

“This means that the petitioner does not have to demonstrate that it normally serves as an agent outside the context of the petition.”

“While evidence of compensation could help establish that the petitioner is in business as an agent, compensation is not a requirement to establish an agency.”

“An O-1 or O-2 beneficiary may work for more than one employer at the same time. When the beneficiary works for more than one employer, each employer must properly file a separate petition along with the required documentation and fees unless an established agent files the petition.”

“In the case of an O-1 or O-2 beneficiary whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner (if different from the employer) are jointly and severally liable for the reasonable cost of return transportation of the beneficiary to his or her last place of residence prior to his or her entry into the United States.”