Using a U.S. Agent for an O-1 Petition

A U.S. agent can provide a practical petitioning structure when work involves several engagements.

Who may petition

An O-1 beneficiary cannot self-petition. A U.S. employer, U.S. agent, or foreign employer through a U.S. agent must file the petition.

What an agent filing must establish

The filing should identify the agent’s role, the beneficiary’s engagements, the entities receiving services, and the terms and conditions of work. Contracts, summaries of oral agreements, authorizations, deal memoranda, and an itinerary may document the arrangement.

Agency must be real and explained

A petitioner acting for multiple employers should establish authorization to represent them for the filing. The petition should distinguish between two arrangements: separate employers filing their own petitions for the beneficiary, and one authorized U.S. agent filing a single petition covering services for several employers. The Form I-129, agent-authorization evidence, contracts or summaries of oral agreements, itinerary, and support letter should consistently identify the employers, engagements, and terms of work.