O-1 Petitioner, Itinerary, and Agent

Petitioner

An O-1 applicant must have a copy of a contact between the petitioner and beneficiary.  This contract can be an oral contract or a summary of terms.  Such evidence may include but is not limited to:

  • Emails between petitioner and beneficiary
  • Written summation of the terms of the agreement
  • Other evidence that demonstrates an oral agreement was made

However, it must contain what the petitioner is offering and what the beneficiary is accepting.

Itinerary

Petitioners should supply an itinerary, which is an explanation of the nature of events of activities the beneficiary will participate in.  These events must be in the beneficiary's field of extraordinary ability (i.e. a music tour for a O-1 musician).

Agents

Instead of petitioners, the beneficiary may have a U.S. agent who is

  • The beneficiary's employer
  • The representative of the employer and beneficiary, or
  • A person authorized by the employer to act for the employer.

Agent for Multiple Employers

Must establish that they are authorized to act as an agent for all the other employers.  They must also include:

  • Supporting documents of all events
  • Names and addresses of all represented employers
  • Names and addresses of performance locations
  • Contracts between actual employers and beneficiary
  • Explanation of the terms and conditions of the employment

Agent Performing the Function of an Employer

The agent must include:

  • Contractual agreement between agent and beneficiary containing wages and other terms and conditions.  This can be a written contract or oral agreement.
  • If applicable, include dates and locations of multiple work locations to the best of the industry's abilities.

Agent for Foreign Employers

USCIS does not require additional documentary requirements beyond the following for the agent as the foreign employer is responsibly for complying with all provisions.

  • Copies of any written contracts or summary of oral agreement between foreign employer and beneficiary
  • Explanation of the nature of events of activities, beginning and ending dates, and copy of itinerary
  • Written advisory opinion from the appropriate consulting entities