Can I Sponsor My Own O-1 Visa?

Many individuals with extraordinary abilities wonder if they can self-sponsor an O-1 visa. While you cannot directly self-petition for an O-1 visa, there are ways to structure your application so that you can still have control over the process. Here’s how you can navigate the O-1 visa requirements if you want to be closely involved in the sponsorship.

One option is to create a company in the United States that acts as the petitioner for your O-1 visa. Even if you have ownership in this company, it can still serve as a separate legal entity, allowing it to sponsor your O-1 visa application. This approach allows you to maintain a degree of control over the petitioning process while complying with O-1 visa rules.

However, you must be prepared to show that your U.S. company has actual work opportunities for you that align with your area of extraordinary ability. This proof can include:

• Contracts: Agreements with clients who intend to engage your services.
• Letters of Intent: Written interest from potential clients or collaborators expressing their intent to work with you.

These documents demonstrate that there is a genuine demand for your skills and expertise in the U.S., making it more likely that your O-1 visa application will be approved.

Another option is to file your O-1 petition through an agent, who can serve as the sponsor on your behalf. An agent can be anyone, even a friend who is a U.S. citizen. This approach is often used when the applicant plans to work with multiple employers or clients in the U.S.

If you choose to go this route, you will need to include formal employment agreements with at least one or more U.S. employers in your O-1 petition. These agreements should specify:

• The nature of the work you will perform.
• The terms and duration of your engagements.
• The specific employers or clients you will be working with.

By providing this detailed information, you help demonstrate that your work in the U.S. is structured and aligns with the extraordinary ability criteria of the O-1 visa.

While you cannot directly self-petition for an O-1 visa, setting up a U.S. company or working through an agent offers viable pathways to secure sponsorship. Both options require thorough documentation to show that you have legitimate work opportunities in your field of expertise. If you’re considering an O-1 visa and want to explore the best approach for your situation, consult with an experienced immigration attorney to ensure that your application is as strong as possible.

For tailored guidance on how to proceed with your O-1 visa application, schedule a consultation with us today.