13 Considerations: Sponsor for the O1-B Visa

All O visas are “sponsored” visas, meaning you need a representative eg. an employer, a manager, agent or company to sponsor you. Your visa sponsor is known as a ‘petitioner’ by the USCIS. There is more to choosing your sponsor than you might think. (This is also true for temporary visas and the P visas). P.S. that company could potentially be a company owned by you!

Many artists come to the USA on the Single Project O-1 visa in order to see if the US is somewhere they would be happy to work and live before committing to a 3 year “blanket O visa” or upgrading to the EB-1 green card. The O1 visa application is expensive so it is worthwhile going for the 3 year blanket visa rather than the single project visa. The O1 visa sponsor is very an important aspect to this:

• Start by researching different sponsors. Talk to people in your field and ask for recommendations. You can also search online for lists of sponsors.
• Consider the sponsor’s reputation. Make sure the sponsor has a good reputation in your industry and that they are familiar with the O-1 or P visa process. Many attorneys offer sponsor services, as in, they have an artists management company that can sponsor you – this can be included in their fee. Confirm with a past client that there was no issue with this.
• Talk to the sponsor about your goals. Make sure the sponsor is committed to helping you achieve your career goals.
• Ask about the sponsor’s willingness to work with you. Make sure the sponsor is willing to work with you to complete the application process. Many agents/managers have done this before so it shouldn’t be a big issue.

Choosing the right sponsor can make a big difference in the success of your O-1 or P visa application. By taking the time to consider your options carefully, you can increase your chances of approval.

Considerations:

• Your Sponsor is not just for this application
  • How Sponsorship Works
• Not everyone can sponsor your O-1 visa?
  • Will you be my sponsor?
  • I heard that any citizen can be my sponsor?
  • Can I sponsor my own O-1 visa?
  • The single employer sponsor
  • The “blanket visa” sponsor
• Where do I find a Sponsor?
• How much does a Sponsor cost?
• Send work through your Sponsor
  • Sponsor may expect commission
• Not happy with your sponsor?

An O1 visa sponsor is not just for this application:

• consider how long you intend to stay in the USA – this should be the length of your employer contract.
• the Sponsor should be willing to sign a contract with you and sign your forms and filing on your behalf.
• the Sponsor willing to sign off as your employer.
• prove sponsor is in ‘business as an agent’ or can be your employer.
• in your contract with them will they expect you to honor a commission for the full time of your visa and beyond.
• as the visa max time is 3 years you may decide to extend your O-1 Visa so you should be happy to stay with them. Otherwise you will submit a “Change of Sponsor” application.

This relationship will be contracted and your O1 visa sponsor will need to sign all submitted paperwork on your behalf so you should have established mutual trust and respect.

How O1 Visa Sponsorship Works

The USCIS allow O1 visa sponsor/petitioners to be a U.S. employer, a U.S. agent, or a foreign employer (through a U.S. agent). You are only permitted to work for your sponsor, hence why, if you are an artist, a manager or agent is best  – as they can loan you out to other employers. This is known as a ‘blanket visa’.

You can be sponsored by a single company. YOU MAY ONLY LEGALLY WORK FOR THEM. You can work in the US for a single company for one project this can be known as a ‘Single Project O-1 Visa‘. Many artists use this visa type for each individual project. If you are applying for this type an Itinerary is not necessary. eg. O1 actor was petitioned by a theater company was only legal to work for that theater company.

It is possible to have several O visas at the same time. Known as ‘concurrent visas’ these can be with different sponsors. eg. a UK actor comes to the USA to work as a host on an MTV sponsored O visa while working with MTV he mets a manager who signs a 3 year contract with them and sponsors their concurrent ‘blanket’ O-1. He holds both visas simultaneously. One allows him to only work with MTV the other allows him to work with other companies.

Who can sponsor my O-1 visa?

This is the most important part of your application. We go through possibilities here.

NOTE: You should first seek out US representation before chasing unorthodox petitioners. Consider this – It is expected that people working the arts have a manager or agent or company that they work for.

Will you be my O visa sponsor?

We at Extraordinary Visa are not a licensed agency or manager, nor a company that has employees and so we can not sponsor you.

I heard that any citizen can be my O visa sponsor?

Many artists message us asking if their aunt or cousin can sponsor them. Frankly, this is advised against. Even though there has seemed to be no issues with this type of sponsoring from the USCIS as far as we are aware(message us if you have had an issue). Many US individuals that have been asked to sponsor are concerned that becoming a sponsor will somehow leave them responsible for you. Being a sponsor shouldn’t be so terrifying – it’s a normal event for most industry people. All the forms that must be signed are official government documents and that can scare off many potential sponsors. If your aunt or cousin has a company in your industry or already has experience as an agent or manager they should, of course, be willing to sponsor you. Please don’t be upset if you are denied sponsorship.

Can I sponsor my own O-1 visa?

While you may not “self-petition” on the O-1, a separate legal entity owned by you may be eligible to file a petition on your behalf. It is possible for your own company to sponsor your application, however, there must be a bona fide “employer-employee” relationship (eg. you serve another in the company that has power to control your hiring, firing and salary). This is typical in O1A Business applications, [we discuss it fully here]. If finding a sponsor is difficult also consider the EB-1 extraordinary ability immigrant visa).

The single employer O1 visa sponsor

If you are a fine artist you might get hired by a University to tutor – this is known as a Single Project O-1 visa and the University will be your sponsor. You are restricted to only work for this University. If you are an actor and hired to work on an AMC show, you will be sponsored by AMC and only allowed work for them. A single sponsor may be restrictive but it can get you working in the USA and networking within your industry. What is best is the ‘Blanket Sponsor’.

The “blanket visa” O1 visa sponsor

Having an agent or a manager proving that they are in business as an agent allows you to work in a more freelance way. For example, you could be hired by Nickelodeon Productions for a single TV show, while working there you could meet a manager that would like to work with you. You then submit a new O visa application with that manager as your sponsor (as a concurrent visa – you can have several O visas running over the same period of time) or submit a [‘Change of Sponsor’]. This will allow you to work with many employers. You can have multiple current O visas.

Where do I find an O1 visa sponsor?

Finding a sponsor for your O-1 is an important part of your journey. Perhaps you already have a connection with a potential employer in the US that would like you to come work for them. If you are an actor needing representation consider starting here. If you work in film consider checking through databases such as IMDb etc. Fine Artists may be sponsored by managers, universities, art galleries, etc. DJs and musicians could potentially get sponsored by promotions companies, cruise ships or music producers, magicians get sponsored by venues (eg Vegas) etc. For all other art forms contact your field related unions in the US and ask them for lists of agents or managers. (Here is the USCIS list of unions.)

How much does it cost to sponsor an O-1 visa? SCAM ALERT!

You should never need to pay to have someone to sponsor your visa, any visa. There were cases where companies were charging workers to be sponsored. This happened mostly to actors. Read arrested for 32 accounts here and Read Game of Thrones actor story here. Be careful this can be classes as immigration fraud. You can find O1 visa sponsors without having the need to do this. Please know that this is not the norm, most people find representation legitimately. The company must show evidence of working as an agent, sponsors need to prove this. Yes, there are USCIS fees and that should be all you pay unless you are using an attorney. O-1 Artist Visa cost here.

Send work through your O1 visa Sponsor

When you get hired by any US company they run your social security number through the government database to check your status. They will be shown that you are on a restricted work visa. If you are on an O visa and they have hired you directly they may be concerned. As the O is not a freelance visa but is a sponsor visa, although not necessary, best practices dictate that you should have your petitioner/sponsor sign your work contract on your behalf as your sponsor unless your new employer wishes to sponsor a new O visa for you. This should alleviate any concerns your new employer may have.

O1 visa sponsor may expect a commission

Be careful and renegotiate your contract with your O1 visa sponsor. Confirm if they expect you to honor paying them a commission for the full time of your visa and beyond. Again check out the Nikolaj Coster-Waldau court case against his visa sponsor.

Not happy with your O1 visa sponsor?

You can at any stage submit a [‘Change of Sponsor’] application at any time. A change of petitioner application can potentially extend your visa by an extra 3 years.

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Our aim is educate you. We want to show you how your sponsor is paramount to being allowed work legitimately in the USA. Great care must be taken in choosing your sponsor. It is not something you choose on a whim.

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