Are you an independent contractor looking to apply for an O-1 visa? Are you worried about fulfilling the sponsor-employer requirement? Read on to learn about how you can file your O-1 petition as an independent contractor..
Introduction
O-1 visas are nonimmigrant visas for individuals with extraordinary abilities. You are likely someone who possesses an extraordinary ability in the sciences, arts, education, athletics, film, etc. (See our other blog posts on O-1 visas).
Independent Contractor
As an independent contractor who is not employed by a singular employer, you may want the option to work for multiple people and the opportunity to pursue any new projects that may come your way. Generally independent contractors are defined as individuals or entities who carry on independent business, contract to do a piece of work according to their own means and methods, on a schedule determined by them, and have more control over their work. Some examples of independent contractors are music producers, actors, models, aestheticians, etc. If this is you, you may want to file an O-1 visa with an agent-petitioner and not an employer-petitioner. For more information on agent-petitioners versus employer-petitioners see our blog post “Agent v Employer for O-1 Visa.”
In order to file for an O-1 visa, you must have an eligible petitioner to file the petition on your behalf. You have the option of having your actual employer file your petition or you may have an agent. An agent can be your actual employer, a representative of both your employer and you, or a person or entity authorized by your employer to act for, or in place of your employer as its agent.
Agents as Sponsors
O-1 visa sponsors, as stated above, do not have to be an employer in the strictest sense. Employment is typically defined by work, services or labor provided, in exchange for some kind of remuneration. Sponsors, or in this case an agent can hire you as a contractor, and regardless of how you are paid, you may have them file your petition. While compensation is a method of establishing that your petitioner is in business as an agent, it is not a requirement to establish an agent relationship. The only requirement is that your agent (sponsor) must be able to provide proof of the working relationship between the two of you and provide an explanation of the nature of the events or activities that you will be participating in upon your arrival to the US. Though they are not necessarily required to demonstrate your “employer-employee” relationship, your agent must be able to demonstrate the terms of your agreement and show that you have projects that await you in the United States. See our blog post on who can be an agent to sponsor your O-1 visa.
Conclusion
If you are an independent contractor considering pursuing an O-1 visa, it may be difficult for you to assess who can be an agent to sponsor you. An experienced immigration attorney can help you determine who or what constitutes an agent and can walk you through the entire O-1 visa petitioning process. Consider booking a consultation with us to learn more about how we can help you secure legal status in the US.
