O1 Visa Agent: The Most Flexible Visa for Founders and Highly Skilled Workers

Few things are as stressful as knowing your visa status is tied to a single employer.

For many highly skilled professionals, losing a job doesn’t just mean lost income; it means scrambling for a new sponsor or risking deportation. H-1B holders, for example, have just 60 days to find another employer before their legal status expires.

For startup founders, the pressure is even greater. Their visa depends on their company’s survival. If funding runs low, they must either find a new sponsor, leave the country, or deal with complex visa transitions.

But what if your visa gave you the flexibility to work for multiple companies, take on side projects, build your startup, and stay in control of your career? With an O-1 visa filed through an agent, that flexibility becomes a reality.

As your O-1 visa agent, Deel helps you break free from reliance on a single employer. Our immigration experts guide you through every step, from preparing documents to coordinating with consular offices and managing potential delays.

What is the O-1 visa agent route?

The O-1 visa is a non-immigrant visa for individuals that possess extraordinary abilities. Individuals skilled in science, education, business, or athletics fall under the O-1A visa category, and individuals with exceptional talent in the arts and entertainment industry fall under the O-1B visa category.

As a founder or highly skilled worker, you can apply for the O-1 visa using two routes:

• O-1 employer-sponsored model
• O-1 visa agent model

The key difference is sponsorship. The employer-sponsored model ties your visa to a single company. With the agent model, USCIS-approved agents can file on your behalf, giving you the ability to work with multiple employers.

An agent can act as your petitioner in several scenarios:

• When you are self-employed and need to work with multiple companies on short-term engagements
• When a foreign employer without a US entity authorizes the agent to file on their behalf. This foreign employer could be your own company, but it must be a legitimate business
• When the agent serves as your direct employer while also representing multiple employers, facilitating engagements across various entities

The O-1 visa agent compared to other visas: What makes it superior?

An O-1 visa agent offers greater flexibility than other US work visas for highly skilled workers.

For example, under an H-1B visa or the O-1 employer-sponsored model, an applicant cannot work for multiple employers under a single petition. Each employer must file a separate concurrent H-1B petition with USCIS.

In contrast, an O-1 visa agent can file a single O-1 petition on behalf of multiple employers, provided each engagement is properly documented.

This makes it ideal for freelancers, consultants, and project-based professionals handling multiple short-term contracts. It allows them to:

• Collaborate with multiple employers without restrictions as long as their engagements align with O-1 visa requirements
• Avoid dependence on one sponsor, reducing career limitations and job security risks during economic downturns
• Start a business while continuing contract work, as long as all activities align with the O-1 petition
• Save time and resources by taking on diverse projects across different industries without needing multiple visa applications

With an O-1 visa agent, there are no annual caps. Qualified individuals can apply at any time of the year. This is unlike the H-1B visa, where USCIS issues only 85,000 visas per year through a lottery system.

See also: H-1B Visa vs O-1 Visa: Which One Is Better?

Real-world examples where an O-1 agent visa is a game-changer

1. Navigating financial strains as a startup

Startups are unpredictable, and founders on an H-1B face added risk as their visa is tied to their own company. If funding runs low, they could lose both their business and immigration status. An O-1 agent structure provides a safety net, allowing them to consult, freelance for other companies, or secure bridge funding without visa-related restrictions.

Unlike the H-1B, which locks them into a single employer, the O-1 agent model gives them the flexibility to sustain themselves through multiple contracts while keeping their venture alive.

2. Surviving lay-offs

A senior engineer or product manager laid off from a high-growth company typically faces a visa crisis. If their O-1 was filed through an employer, they must scramble to find a new sponsor.

With an O-1 agent visa, they can immediately start consulting, contracting, or even launching their own venture instead of accepting the first available job just to stay compliant.

3. Monetizing multiple ventures

A tech founder launching a SaaS startup may also take on paid speaking engagements, advisory roles, or consulting work. However traditional visa structures make it difficult to legally get paid for these activities.

The O-1 agent visa allows them to monetize multiple income streams under one umbrella without requiring separate visa filings or employer sponsorships for each role.

4. Creative tech entrepreneurs and indie builders

Many modern entrepreneurs don’t fit traditional employment models. Those who have built AI tools, open-source projects, or cutting-edge tech innovations—and gained significant industry recognition—may qualify for an O-1 visa.

The agent model allows them to work legally with multiple companies as advisors, consultants, or independent contributors. It helps them fully leverage their expertise across various projects.

What are the eligibility criteria for an O-1 visa agent

To qualify for an O-1 visa, you must be extraordinary in your field. In this case, “extraordinary” means your expertise places you in a small percentage of people who have excelled in their profession.

You must provide evidence of these extraordinary skills through receipt of a major, internationally recognized award like the Nobel Prize. Alternatively, you can demonstrate at least three of the following:

• Proof of nationally or internationally recognized awards or prizes for excellence
• Proof of membership in professional associations that require outstanding achievements for membership
• Published material about your work in professional journals, major trade publications, or prominent media outlets
• Proof of participation as a judge, individually or as part of a panel, evaluating the work of others in your field or a related area
• Evidence of your original scientific, scholarly, or business contributions of major significance in your field
• Proof of authorship of scholarly articles in your field published in professional journals or other major media outlets
• Evidence of employment in a critical role for organizations or establishments with a distinguished reputation in your field
• Proof that you have received or will receive a high salary or significant pay for your work, as demonstrated by contracts or other reliable documentation

Additionally, there must be evidence that the work you’ll be doing in the US aligns with your extraordinary ability.

See also: O-1 Visa Requirements (2024)

What documentation do you need when applying for an O-1 visa through an agent?

The following should accompany the petition:

• A contractual agreement between you (the O-1 beneficiary) and the agent
• An oral or written agreement with each employer explaining the terms of employment, the acceptance of those terms, and providing proof that a vacant position exists
• An itinerary with the dates of each work engagement
• Names and addresses of all employers, establishments, and venues involved in each engagement
• Proof that the petitioner has the authority to act as an agent for the other employers

What is the application process for an O-1 visa agent?

Step 1: Choose the right agent

Start by selecting an agent for your O-1 visa application—one who thoroughly understands O-1 visa requirements.

Deel, for example, has a proven approval rate of over 90%. Our expertise ensures a seamless process, from petition filing to securing the necessary documentation in full compliance with USCIS standards.

Step 2: Prepare your documentation

In addition to the required documentation and proof of extraordinary ability, you must also provide written evidence of a consultation with a peer group, labor organization, or industry expert. Your agent should facilitate this process.

If the peer group provides a favorable advisory opinion, it should include a description of your extraordinary abilities, expected work duties, and whether the position(s) require such skills.

If the advisory opinion is unfavorable, it must include a detailed explanation supporting the conclusion.

Step 3: File the petition (Form I-129)

The O-1 visa agent will submit Form I-129 (Petition for a Nonimmigrant Worker) to USCIS to assess your eligibility. An approved petition is mandatory before you can apply for an O-1 visa.

Step 4: Await USCIS’s decision

After processing your petition, USCIS will issue an Approval Notice (Form I-797) if your application is successful. If the USCIS denies your application, they will provide a written explanation. You may appeal the decision with stronger evidence.

Step 5: Make the O-1 visa application

After the approval of your O-1 petition, apply for an O-1 visa at your local US embassy or consulate.

This involves filing Form DS-160 (Online Nonimmigrant Visa Application) and paying the visa application fee. You’ll also need to schedule and attend a visa interview at the US consulate or embassy.

During the interview, a consular officer will evaluate your qualifications and review the specifics of your O-1 petition. You must bring the following documents:

• A recent photo
• Passport (valid for at least six months beyond your travel date)
• I-797 Approval Notice
• DS-160 confirmation page
• Proof of fee payment
• Appointment confirmation letter

If approved, your visa will be stamped in your passport, allowing you to travel to the US and begin work.

The time required to receive your visa stamp varies by consulate or embassy, typically ranging from 3 to 180 days. Processing may take longer if there are significant backlogs or delays.

However, by using Deel as your O-1 visa agent and immigration partner, you can fast-track your application through our consular support service. This allows you to start your engagements on time and focus on your work without unnecessary setbacks.

See also: When Should I Apply for a Green Card After Getting an O-1 Visa Approval?

How long can you stay in the US on an O-1 visa with an agent?

Once approved, USCIS grants you a three-year stay in the US. If approved before your intended start date, your validity period begins on the requested date. If approval comes after the requested start date, it begins on the approval date.

As the O-1 visa beneficiary, you may enter the US up to 10 days before your visa’s validity period begins and remain up to 10 days after it ends. However, you can only work during the validity period of your O-1 visa.

The petitioner can request to extend the validity period in one-year increments to allow you to complete the activities described in the original petition. However, you must file for the extension before the original petition expires.

Can you add additional employers during the validity period?

Yes, you can add more employers to your petition. An O-1 visa agent can file an amended Form I-129 to reflect new engagements, significant changes to the terms and conditions of employment, or material changes to your eligibility.

It is important to ensure that any new engagement aligns with the O-1 visa criteria and is properly documented. Working with an experienced agent can help ensure compliance.

Fast-track your US visa with Deel Immigration

Whether you’re expanding your entrepreneurial journey to the US or seeking a flexible work visa, Deel makes the O-1 visa agent process simple, efficient, and fast.

We do more than act as your agent. We guide you through every step for a smooth path to working legally in the US. Our self-serve platform lets you track your application in real time. If you need support, our immigration and legal experts are always available.

Connect with one of our experts today for a free consultation.