The opportunity to work for multiple employers is one of the most advantageous perks of the O-1 visa. While many people are aware of this, only a few understand how it really works. This article explains the visa application process and the terms for working in the U.S. under the O-1 employment category.
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What is an O-1 Visa?
The O-1 visa is for highly skilled foreign individuals who have achieved national or global recognition in their respective fields. These individuals have gained recognition for their exceptional talent and accomplishments in their jobs. The visa classification has two subcategories, namely:
- O-1A: For those who possess exceptional ability in the sciences, education, business or athletics
- O-1B: For those who possess exceptional ability in the motion picture or television industry
The O-1 subcategories (O-1A and O-1B) have specific criteria set by USCIS for evidence required for each category. An applicant must satisfy at least three out of the eight in his or her subcategory. These requirements show that you are highly successful in your career and have important documents or awards to support your achievements.
Can an O-1 Visa Holder Work for Multiple Employers?
Yes, you can work for multiple employers on an O-1 visa. However, just like most other nonimmigrant work visas, your O-1 visa petition must be sponsored by an authorized U.S.-based organization.
You cannot technically self-petition for your O-1 visa. To work for multiple employers as a contractor or freelancer, either the agent or the employers must sponsor your O-1 visa. Hence, to work for various employers, your O-1 visa petition can be filed in two different ways:
Option 1. Multiple Concurrent Employer Petitions
Each employer must file a separate Form I−129, Petition for a Nonimmigrant Worker, on your behalf. You and the employers need to agree on the job description, wages, detailing engagements, and other terms and conditions. Every employer needs to send a separate request to the USCIS, explaining the tasks you will do in your job, typically called the itinerary.
Option 2: An Agent-Sponsored Petition
This is the most common route for O-1 beneficiaries who wish to work for multiple employers. An O-1 visa agent can be your actual employer, an agent for multiple employers, or a representative of both you and the employer. This is a more straightforward option, as it reduces the need to have multiple employers file petitions on your behalf.
The way it works is that the agent files the petition with a detailed itinerary of the work you will perform, along with:
- Contracts or a summary of oral agreements between you and the actual employers (clients/venues).
- Dates, locations, and a description of each event, project, or service.
- The terms of compensation for each engagement.
Whichever option you choose, keep in mind that all the activities and engagements you will perform are already captured in the petition(s) and will remain binding on your O-1 status. Engaging in employment or activities other than the specific items listed in your petition is a gross violation of your visa regulations, which is prohibited.
If you feel at risk of compromising your O-1 visa status, speak with an immigration attorney today.
What if I Want to Add a New Employer Later?
If an applicant wishes to add an employer, a new or amended petition may be required. However, for artists or entertainers, a petitioner may add additional performances or engagements during the validity of the petition without filing an amended petition.
How to Work on an O-1 Visa for Multiple Employers
To work for multiple employers on an O-1, your agent must file an I-129, Petition for a Nonimmigrant Worker, with the USCIS. It is important to ascertain that the agent is duly authorized to act as a petitioner for the O-1 visa. An agent may act in the capacity of the actual employer, agent for multiple employers, or agent for foreign employers.
Agent Performing the Function of an Employer
A U.S. agent can be the actual employer of the O-1 visa beneficiary. This will depend on the contract that exists between the two parties. If your employment terms say the agent can control what you do, the agent may act like an employer.
If you are an artist or actor, your agent can be your employer. They should know your field and be able to help you find suitable jobs in the industry. The application must explain the specific connection between you and the agent. You must also have proof to support your statements.
To find out, your agent needs to provide the contract that states the job details and the specific wage offered. If you are going to work in more than one location, an itinerary of all your activities with dates and locations of work must also be provided. The contractual agreement is usually adjudicated on a case-by-case basis, and as such must be a well-detailed document that establishes the relationship between the agent and the beneficiary.
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Agent for Multiple Employers
An O-1 visa petition involving multiple employers may also be filed by an agent acting as a representative of both the employee and the petitioner. There must be supporting evidence showing that each of the employers involved gave the agent the mandate to represent them. The supporting documentation must also include:
- A complete itinerary of the events for the engagements or services for each of the employers
- The itinerary must specifically give the dates of each service, as well as the addresses and names of the actual prospective employers, and the names and addresses of the venue, establishment, or locations where the services will be performed
- The contract between the beneficiary and each of the employers
What Type of Multiple Employment Can I Do on an O-1 Visa?
As explained above, the O-1 classification covers a wide range of fields of human endeavor, and each visa petition is processed and issued based on the individual applicant’s experience and skill set. Therefore, you can do any work for any of your multiple employers, provided it is listed in the itineraries submitted to and granted by the USCIS.
If the situation warrants that you make “material changes” to any of the activities on the itineraries or the contractual agreement, you may need to submit an amended petition to the USCIS through your employer.
Material Changes in O-1 Contractual Agreement
According to the O-1 regulations, you must duly notify the USCIS and receive approval before you can make any material change to your contractual agreement. Here is where many O-1 workers and employers get confused, as it can be difficult sometimes to determine if a change is “material” or “immaterial.” We recommend that you always seek your immigration lawyer’s advice before taking any steps toward this.
Changing Employers on an O-1 Visa
The O-1 visa guidelines allow you to add new employers or change employers. To do this, the new prospective employer must file a petition with the USCIS. If your initial petition was sponsored by an agent, the agent would need to file an amended petition with the evidence relating to the new employer. The new petition or amended petition may also be submitted with a request for an extension if you need more time on the job than your current period of stay allows.
Frequently Asked Questions
Can I work for multiple employers on an O-1 visa?
Yes, it is possible for an O-1 visa holder to work for more than one employer at the same time. This is referred to as "concurrent employment." However, specific procedures must be followed to gain authorization for each employer.
What are the USCIS rules for O-1 concurrent employment?
To work for multiple employers concurrently, each employer must file a separate O-1 petition on your behalf. An alternative and often more flexible approach is to have a U.S. agent file a single petition on your behalf. This petition must include a detailed itinerary of the work you will be performing for the different employers
How does using an agent petitioner for an O-1 visa work?
An agent can act as the petitioner for an O-1 visa holder who intends to work for several employers. This is a common strategy for professionals who have multiple concurrent projects or gigs. The agent files the petition with USCIS, providing contracts and an itinerary that outlines the various engagements.
Is the O-1 visa tied to a specific employer?
Initially, an O-1 visa is granted based on a petition from a specific employer or agent. If you wish to change employers or add a new one, you cannot simply start the new job. The new employer must file a new petition on your behalf, or your agent must amend your existing petition to include the new work
What is "dual intent" and how does it relate to the O-1 visa?
"Dual intent" is a legal concept that allows certain non-immigrant visa holders to have the intention of immigrating to the U.S. permanently (seeking a green card) while simultaneously maintaining their temporary visa status. The O-1 visa is recognized as a dual intent visa, which is a significant benefit for those who may wish to pursue permanent residency in the future. This is a separate concept from working for multiple employers but is a key feature of the O-1 visa category.