Is the O-1 Visa Tied to an Employer? Let’s Break It Down

Sponsorship is one of the most misunderstood parts of the O-1 visa process. You may have heard that you need an employer or a job offer, or you may have no idea where to begin at all. The reality is, there’s more than one way to meet the O-1 visa sponsorship requirement. The key is to understand that each option comes with its own rules and limitations.

At Manifest Law, we help clients make sense of those options and choose the path that fits their work and goals. Our experienced team of lawyers has handled over 25,000 visa cases with a 97% approval rate, giving us deep insight into what USCIS is really looking for.

We’ve guided everyone from first-time applicants to internationally recognized leaders through every stage of the O-1 process. If you’re trying to understand how sponsorship works or what your next step should be, you’re in the right place.

Do You Need a Job Offer to Get an O-1 Visa? 

You can’t apply for an O-1 visa by yourself; you need a U.S.-based sponsor to file the paperwork for you. This sponsor is usually an employer who has offered you a job in the U.S., but it can also be a U.S. agent who represents multiple employers or you as a freelancer if you have multiple projects to work on as a contractor. While a formal job offer isn’t always required, you do need someone in the U.S. to act as your sponsor and support your visa petition.

The work you’re coming to the U.S. to do must directly relate to your area of extraordinary ability. In other words, if you’re known internationally as a top violinist, your job needs to involve performing, recording, or promoting your work, not something unrelated like managing a music store. This job is the foundation of your O-1 visa application.

Your U.S.-based sponsor (usually the employer or agent) will submit Form I-129 to U.S. Citizenship and Immigration Services (USCIS), along with a contract or a detailed schedule that shows exactly what you’ll be doing, how long you’ll be doing it, and how it’s connected to your recognized expertise.

If anything about your job changes, like your role, your employer, or how long the project lasts, your petition will need to be updated. That’s why having a clear, accurate job offer or itinerary is crucial from the start.

Who Can Sponsor an O-1 Visa? 

Your O-1 visa sponsor can be:

• A U.S. employer offering you a specific position, or
• A U.S.-based O-1 visa agent representing one employer or coordinating multiple short-term projects or freelance work.

If you’re applying through a U.S. employer, the O-1 process is usually straightforward—they’re hiring you for a specific job at their company. 

That said, you don’t have to go through a traditional employer. A U.S.-based agent can also sponsor you, which allows more flexibility. This is common in industries like film, music, and consulting, where you may work with multiple clients or on a series of projects.

Visa Sponsorship: O-1 Visa vs. H-1B Visa 

Many immigrants have experience with the H-1B visa. Here’s how sponsorship requirements differ between these two types of visas: 

• H-1B visa:
  • You must have a job offer from a single employer.
  • The job must require at least a bachelor’s degree.
  • You’re tied to that one employer unless you transfer the visa.
• O-1 visa:
  • You need a U.S.-based sponsor, but it can be an employer or an agent.
  • You don’t need a specific degree—your qualifications are based on your achievements.
  • With an agent sponsor, you can work on multiple projects or with several employers as long as everything is listed in your petition.

This flexibility makes the O-1 especially useful for freelancers or people with project-based work.

Can Self-Employed People Sponsor Their Own O-1 Visa? 

You can’t sponsor yourself for an O-1 visa as a sole proprietor, but self-employment is possible if it’s structured correctly. This is usually done by setting up a U.S. company that’s legally separate from you or working with a U.S.-based agent to represent your freelance work. The second path is a little more complex, so working with an experienced O-1 visa lawyer is key if you want to go this route.

Is the O-1 Visa Tied to Your Employer?

The O-1 visa is tied to your sponsor, not necessarily your employer. If your employer is the one sponsoring you, then yes, your visa is tied to that employer, and you can only work in the specific role and location listed in your petition. 

But if you’re sponsored by a U.S. agent instead, you may have more flexibility. An agent can file a petition that covers multiple employers or projects, as long as everything is clearly outlined in the application. 

Either way, your visa is tied to the specific terms laid out in your application. If your job, employer, duties, or even project location changes, you’ll likely need to file an amended petition with USCIS.

That means:

• Your job, location, and duties must match what’s listed in your approved application.
• You may need to file an amended petition if anything changes, even something minor.
• You can’t just take on new gigs or switch companies without going through the proper process.

If an agent sponsors you, there’s more flexibility to work across multiple engagements, but all roles still need to be clearly outlined and approved as part of your original filing. 

Can You Change Employers on an O-1 Visa? 

If you want to change employers while on an O-1 visa, the new employer (or agent) must file a new Form I-129 with U.S. Citizenship and Immigration Services (USCIS). You can’t accept a new job and continue working under the original petition. 

The O-1 visa is tied to your sponsor—the specific employer or agent in your petition. Alongside listing your sponsor’s name, the petition will include where you’ll work, what you’ll do, and even how long the project will last. You’ll need to update your petition if any of that changes.

“USCIS does not issue O-1s for speculative projects or for someone to start looking for work after getting the visa. Whether you want to use the visa for a full-time corporate job, multiple jobs, or touring the country as a performing artist, USCIS wants to see your itinerary and signed contracts or deal memos,” says Henry Lindpere, Senior Counsel at Manifest Law.

If you leave your job without another O-1 petition already filed, you risk falling out of status. That’s why you should have your next sponsor lined up and your paperwork in motion before making a move. 

An experienced O-1 visa lawyer can walk you through how to make the switch and is especially helpful if you’re juggling freelance work or teaming up with multiple employers on different projects, something we often see with creatives, consultants, and other independent professionals.

How to Work for Multiple Employers on an O-1 Visa

If you want to work for multiple employers, it’s best to structure your petition that way from the start. Trying to add new employers later means filing an amended petition, which can slow things down. 

When you’re working with multiple employers, your original petition needs to be carefully planned and documented to reflect every job or project you intend to take on. Here’s what to keep in mind:

• Use a U.S.-based agent to file on behalf of all employers.
• Include a clear itinerary with dates, locations, and project details.
• Add letters or contracts from each employer confirming the work.
• Keep everything consistent so your case tells one clear story.

If you plan to take on new projects later, they also need to be included in this filing, or you’ll have to amend your petition. The goal is to show USCIS that your work is structured, planned, and relevant to your extraordinary track record. This is one of the most technical parts of building an O-1 petition, and it’s where even qualified applicants often get tripped up.

What Are the Downsides of the O-1 Visa in Terms of Employment?

While the O-1 comes with a lot of perks, it’s not without a few trade-offs, especially when it comes to job flexibility. Here are some downsides to keep in mind:

• You can’t self-petition. That means you’ll always need a U.S.-based employer or agent to sponsor you. No sponsor, no visa. You can self-petition for a U.S. visa through the EB-1A (extraordinary ability), EB-2 National Interest Waiver (NIW), EB-5 investor visa, VAWA for abused spouses or family members, and as a widow(er) of a U.S. citizen.
• You’re tied to your sponsor. You can only work for the employers or projects listed in your petition. Want to switch jobs or add new work? That’ll require an updated filing.
• Flexibility takes planning and legal help. If you want room to take on new projects or work with multiple clients, you’ll need to structure your petition carefully. A lawyer can help make sure it’s airtight and built for the kind of work you actually want to do.
• No direct path to a green card. The O-1 doesn’t automatically lead to permanent residency. If you plan to stay long-term, you’ll need to explore green card options separately, like the EB-1 visa.

While your O-1 visa is tied to your sponsor, with the right approach, there’s room to build in flexibility. Whether that means working with an agent, including multiple projects, or planning for future opportunities, it all comes down to how your petition is structured.

Because the rules can be complex, many applicants choose to work with an immigration attorney to get it right. An immigration attorney can help you understand your options, avoid common pitfalls, and build a petition that supports the kind of work you actually want to do in the U.S.

If you’re unsure what your path should look like, we’re here to help you figure it out.

Make Your O-1 Visa Work for You

The O-1 visa can offer incredible flexibility, but only if your petition is set up correctly from the start. Whether you’re joining one company or juggling multiple projects, your visa is only as flexible as the paperwork behind it. That means your sponsor, your itinerary, and every job you plan to take on need to be clearly outlined and approved.

At Manifest Law, we’ve worked with extraordinary professionals across industries to build strong, strategic O-1 petitions that reflect the way they actually work, whether that’s a full-time role, a touring schedule, or a series of high-level consulting gigs. We understand how to translate your career into a visa petition that checks every box for USCIS.

👉 Book a consultation with Manifest Law to talk through your situation. We’ll help you figure out what’s possible, what’s required, and how to move forward with confidence.

Frequently Asked Questions 

Is the O-1 visa employer-dependent?

Yes, your O-1 visa is tied to the employer or agent who sponsors you, so you can only work for the people listed in your petition.

Can I freelance on an O-1 visa?

You can, but only if your petition is set up the right way, usually through a U.S.-based agent and a detailed itinerary that covers all your freelance gigs.

How hard is it to change jobs on an O-1?

You can change jobs, but your new employer or agent has to file a new petition first. You can’t start working until it’s approved.

What happens if you lose your job on the O-1 visa?

If you lose your job and don’t have another sponsor lined up, you could fall out of status, so it’s important to act fast and talk to an immigration attorney about your options.

O-1 vs. H-1B: Which offers more job flexibility?

The O-1 can be more flexible if structured correctly, especially with an agent sponsor, but the H-1B tends to be more straightforward for traditional full-time jobs.