O-1A Agent Application and Change of Employer

Just because an agent submits an application on the O-1A does not mean that the person can do any job they want in the United States. The applicant's role, actual employers, contracts, and work schedule should be described in the case. Before starting a new job, it should be evaluated separately whether that job is within the scope of the current approval. ¹

This distinction is especially important for professionals who work on a project basis and those who have their own companies. The phrase “Agent sponsored” alone does not indicate which work was authorized. The legal structure of the application and the approved scope of work are decisive. ¹

Who can apply?

A U.S. employer, an eligible U.S. agent, or a foreign employer through a U.S. agent may file an O petition. Depending on the circumstances, the agent may act as an employer or represent more than one employer and employee. It should be clearly documented which role is taken. ¹

Submitting direct self-petition in one's own name is different and is not available under O-1. The fact that a separate company is an applicant is evaluated based on the actual legal and commercial structure. The fact that the company is privately owned does not automatically remove other conditions. ¹

How to show multiple employers?

The nature of the works, actual parties, dates and places must be presented with appropriate itinerary and agreements. The Agent's authority to represent and what obligations it assumes are explained. Uncertain jobs that may occur in the future should not be presented as current contract jobs. ¹²

In the hypothetical example, if an expert has specific projects in different organizations, the scope and duration of each project are separated. This does not necessarily mean that the same document format is required for every brief assignment; The case should show the actual layout clearly.

Summary of contract and oral agreement

The regulation also recognizes, in appropriate cases, a summary of the oral agreement; But this option does not justify no agreement. Wages, duties and working conditions must reflect the agreement of the real parties. ¹

The agent contract and the real employer's agreement should not conflict. If it is left unclear who the employer is, who manages the work, and what role the employee will serve, work structure problems may arise even if the evidence of success is strong. ¹²

What happens if a new employer is added?

If that employee is going to work for another employer, the new employer must submit an appropriate petition. The addition of a new employer or fundamental changes in the structure carried out through the Agent may require a change petition. New work should not be started without reviewing the full scope of the existing approval. ¹

Here, one cannot take the specific portability rules in H-1B as an example and conclude “the application has been submitted, I can start immediately”. The approval and scope required for starting work in O-1 should also be checked. ¹

Does every project change require a new application?

Not every minor change is automatically considered a major change. However, material changes affecting employment conditions or eligibility may give rise to relevant filing obligations. The result depends on comparing the approved file with the new state. ¹

While the name of the job remains the same, the actual role, employer or working relationship may have changed. Conversely, a small schedule change for a project does not always mean completely new work. The review should be done on the real difference, not on the label.

Working in your own company

The fact that the company owner does not receive a salary from the company or defines himself as a founder does not eliminate the need for a work authorization. The relevant company and job must be included in that file appropriately. Being an investor and actually working for the company are separate matters. ¹³

A separate legal entity may be considered as an applicant; but the reality of the job, contracts and standard of success must still be demonstrated. Establishing a board of directors alone is not a formula that solves all problems. ¹

Extension and travel plan

Extension for the continuation of the same activity should not be confused with different arrangements for new works. Current business plans and contracts should show the real situation. The completed works in the first application should not be presented as if they are continuing in the new period. ¹²

I-94 and scope of work should be checked after travel. A valid visa sticker does not automatically constitute confirmation of the changed employment relationship. The most important implementation step is to check together the applicant, employer, scope of duties and approval before starting the new job. ⁴¹