How an agent-based O-1 or P-1 petition works.
A U.S. agent can file an O-1 or P-1 petition instead of a single U.S. employer. Here is how the formats differ, what each needs, and who signs what. This is a description of the process, not legal advice.
The three agent formats
The O rules (8 CFR 214.2(o)(2)(iv)(E)) and the matching P rules (8 CFR 214.2(p)(2)(iv)(E)) describe when a U.S. agent may file. In summary, a U.S. agent may be:
1. The actual employer
The agent employs the beneficiary directly and files as employer.
2. Representative of employers and beneficiary
The agent represents both the beneficiary and the U.S. employers, often for several engagements. This is the most common agent format.
3. Agent for a foreign employer
A foreign employer authorizes the agent to act for it. The foreign company stays the employer.
The regulations also allow an agent to file for workers who are traditionally self-employed or who use agents to arrange short-term work with many employers. Read the full text on eCFR.
Documents each format usually needs
| Document | What it does | Who prepares it |
|---|---|---|
| Itinerary | Dates and locations of each engagement, with the employers' names and addresses | Counsel, with input from the beneficiary and agent |
| Contracts or summary of terms | The terms of each engagement; a summary of terms is used for oral agreements | Counsel and the parties |
| Agent agreement | The agent's authority and the beneficiary's relationship to the agent | The agent and the beneficiary, reviewed by counsel |
| Employer letters | Confirmation from employers of the engagements | The employers |
| Form I-129 | The petition itself, signed by the petitioner | Counsel prepares; the agent signs as petitioner |
Who signs what
- The agent petitioner signs the I-129 and the agent agreements, and receives USCIS notices.
- Counsel signs as attorney of record and prepares the evidence.
- Employers sign their own contracts or confirm the summary of terms.
The validity period and amendments
The agent stays the petitioner for the whole validity period. If engagements change materially, counsel decides whether an amended petition is needed, and the agent signs it.
Common request-for-evidence themes
When USCIS asks for more on an agent filing, the request usually concerns the agent's authority to act, the completeness of the itinerary, or the terms of each engagement. How to answer is counsel's decision; the agent supplies its own records.
Glossary
- Petitioner
- The party that files Form I-129 with USCIS.
- Beneficiary
- The person the petition is for.
- Agent
- A U.S. person or company allowed by the regulations to file for the beneficiary.
- Itinerary
- The schedule of engagements, with dates and locations.
- Summary of terms
- A written summary of an oral agreement's main terms.
- Deal memo
- A short document setting out the terms of an engagement.
Free video course: how agent petitions work
Short lessons on how a U.S. agent files an O-1 or P-1 petition, who signs what, and what the itinerary needs. Free to watch.
Information on this page describes a petitioner service and is not legal advice. Visa category and eligibility are determined by the client's licensed attorney.
Questions partners ask
Can a beneficiary file their own O-1 petition?
No. An O-1 petition is filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent.
Does the agent have to be the employer?
No. The agent may be the employer, a representative of the employers and the beneficiary, or an agent authorized by a foreign employer.
Is an itinerary always required?
Agent filings for several engagements need an itinerary. Counsel confirms what your case needs.
Does Aventus prepare the petition?
No. Counsel prepares the petition. Aventus signs and files as the agent petitioner.
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