photoman

In Short: Hoping to apply for an O1-b visa, friend is happy to sign as my agent as long as it's simple from their end. Can I work freelance and do all my own invoicing/tax without interfering with their business? Is there anything else I/they should be aware of if they sign off?

Hey guys,
I hope you're all well. After read over lots of posts I can't seem to find anything on uscis.gov/this forum or other forums to answer my question. I wonder can you help?

I'm currently on a one year graduate visa which will be finished next month and I want to apply for an O1-B visa when I return to Ireland. Hoping to come back to the US in March/April. I have a friend that I have worked with on some high profile jobs that will be one of my referral letters, they have also said they might be my sponsor. I want this to be really clean for them with nothing hidden coming down the line for them.

I work freelance and would be planning to continue this on the O1b if I get it. Is it possible for my friend to sign off as my agent and for me to continue invoicing for all my jobs? I'm hoping to keep money/tax completely away for them for the 3 years on the visa so that it doesn't interfere with their business. Also is there anything else either of us should be aware of prior to him signing off as my agent?

Thanks so much for your help!!

Noorah101

I suggest you and your friend have at least a 1-time consultation with an immigration attorney. You (or your friend) will probably want to retain the attorney to help put together the petition anyway.

Rene

Noorah101

Just from reading Google, it seems like you can have a US sponsor and be self employed (i.e. submit an invoice to tie agent or manager), but USCIS likes to see a signed contract with a specific itinerary as well.

Rene

photoman

Hi Rene,
Thanks so much for your reply. I have been talking to a potential attorney and they have advised me that it should all be fine. Usually the only time you will be audited is after the three years if I plan to extend and if that happens, as long as I have been working for myself & paying taxes it should all be fine.

I will be submitting a three year itinerary.

I moreso just wanted to see if anybody has done this before and what their experience has been. It's a big favour signing off as my agent so I want to make sure there are no issues/hassle for them and their business.

Thanks again for your time, I appreciate it!

Orangepants

Is your friend "in business" as an agent or will just take on this role for your petition? We had this discussion with our attorney when the O-1 was first on the table as an option. A friend sponsoring you wont cut it if it goes to a RFE. (Husband went the route of employer/petitioner). Is your potential attorney experienced in O-1B visas?

My husband has an O-1A. Our attorney specialized in O-1Bs so is very familiar with the agent concept. I think she just took his case for a bit of variety. She is based in Charlotte, NC.

photoman

Hey Orangepants,
Thanks very much for the reply. The attorney I'm talking to has done a number of O1's, mainly doing I-129's.

My friend would be in the same business as me (photography) but would not be an agent. They would have a lot more years experience in the industry so it wouldn't be too far fetched to portray them as a possible agent....?

Thanks again