BLOG

The ability to use an agent as the petitioner is one of the most attractive and unique features of the O-1 visa. It allows the beneficiary to engage in multiple projects or employment opportunities (referred to as “events” under O-1 regulations).

For many O-1 visa applicants and their employers, understanding the agent’s role is often one of the first and most confusing steps. This confusion arises from ambiguities in the statutory and regulatory language, as well as the evolving practical realities of how O-1 cases are prepared and filed.

The relevant USCIS regulation (8 CFR 214.2(o)(2)(iv)(E)(2)) states:

A person or company “in business as an agent” may file the petition involving multiple employers as the representative of both the employers and the beneficiary, if the supporting documentation includes a complete itinerary of the event or events.

This phrase “in business as an agent” raises understandable concerns. In industries like athletics or film and television, an “agent” typically refers to a professional talent agent or manager who handles bookings, contracts, and engagements. This gives the impression that the O-1 petitioner-agent must be a professional agent.

When the O-1 visa category was created in 1991 as part of the newly revised Immigration and Nationality Act, the regulatory language governing agents was largely borrowed from the old H-1 regulations, especially those pertaining to performing artists. Unfortunately, little attention was paid to clarifying how the agent concept would apply across a much broader range of fields. As a result, the language has remained confusing, and even subsequent USCIS memos and policy updates have not fully resolved the ambiguity.

Over time, immigration practitioners have developed a practical understanding: the “agent” in an O-1 petition does not need to be a professional agent in the entertainment or sports industry. Instead, the term is interpreted in line with the common law understanding of agency. That is, an agent is simply someone authorized to act on behalf of the principal (in this case, the O-1 beneficiary).

When a petitioner agrees to serve as an agent in an O-1 filing, whether for a single employer or multiple employers, they take on specific legal responsibilities. These include:

• Certifying the accuracy of the petition;
• Notifying USCIS of any material changes to the terms of employment;
• Accepting service of process in matters arising under Section 274A of the Immigration and Nationality Act (related to employment verification and sanctions).

Because these responsibilities are significant, it is important that your agent understands their role and obligations, especially the duty to report material changes in the beneficiary’s employment terms.

In short, while the term “agent” may suggest a formal, licensed professional, U.S. immigration law does not require that level of formality for purposes of O-1 petitions. What matters most is that the agent has a legitimate connection to the petitioner or employers and is willing to take on the responsibilities described above.