BLOG

How to Effectively Communicate with Employers and HR During the O-1 Process

Communicating with a company’s HR team about O-1 sponsorship requires more than simply understanding the immigration process; it involves aligning business priorities with compliance requirements. HR departments control budgets, sign the I-129 on behalf of the organization, and are ultimately accountable to senior leadership if a case encounters delays or issues. While many HR teams are experienced with H-1B and permanent residency filings, they may be less familiar with the unique evidentiary and timing demands of the O-1 category. Recognizing this gap and structuring the discussion appropriately can significantly reduce the risk of setbacks.

A common source of hesitation for HR involves whether the company should serve as the O-1 petitioner or allow an agent-based petition. Many HR teams are understandably cautious about assuming the formal responsibilities that come with being the petitioner, such as signing USCIS forms and managing compliance obligations. Others may have concerns about an agent-based approach, particularly if they are unfamiliar with how it functions and whether it aligns with the company’s internal policies. At times, these concerns can conflict with the applicant’s preference for a more flexible O-1 structure that allows for multiple engagements or projects beyond the current employer. These questions can create delays if they are not addressed early and require a clear explanation of each option’s risks and benefits.

Even when internal support is established, timing challenges frequently arise. HR departments must plan around hiring schedules and budget cycles, and delays in gathering evidence or obtaining signatures can have serious operational consequences. A clear filing timeline, together with an understanding of the points at which delays most often occur, allows HR to manage expectations and avoid unnecessary disruptions. This is another area where a structured approach can make a meaningful difference.

HR teams will also raise predictable questions that carry both compliance and cost implications. These often include whether prevailing wage rules apply, whether the company is committing to a long-term sponsorship, how job changes may impact the petition, and whether site visits by USCIS are likely. Addressing these concerns early in the process helps HR move forward with confidence and ensures alignment across internal stakeholders.

If your company is considering O-1 sponsorship, our firm can assist in preparing for these conversations and guide your HR team through the process. We work to ensure that all parties understand the business and compliance considerations involved, reducing the likelihood of costly delays.

OTHER TOPICS