O Nonimmigrant Classifications: Questions and Answers on Agents, Contracts, and Itineraries

The regulations allow agents to be petitioners in two scenarios:

• A US agent can file for traditionally self-employed workers, or workers who use agents to arrange short-term employment with numerous employers; and
• A foreign employer who authorizes an agent to act on their behalf.

A US agent may be: the actual employer of the beneficiary; the representative of both the employer and the beneficiary; or a person or entity authorized by the employer(s) to act in place of the employer as its agent.

A petition filed by an agent is subject to the additional evidentiary requirements at 8 CFR 214.2(o)(2)(iv)(E). The specific requirements depend on which of three agent roles applies:

• Agent filing as an agent performing the function of an employer;
• Agent filing as a person or company in business as an agent for multiple employers; or
• Agent filing for a foreign employer.

Each scenario carries distinct contract, wage, and itinerary requirements, addressed in detail below.

When an agent performing the function of an employer petitions for the beneficiary, the petition must include the contractual agreement between the agent and the beneficiary — which specifies the wage offered and other terms and conditions of employment. This can be a summary of oral terms or a written contract.

USCIS uses the contractual agreement to determine whether the agent is genuinely functioning as the employer. The agreement should establish the working relationship and describe how the beneficiary will be paid. If the terms show that control over the beneficiary's work is relinquished to the agent — as would be true in a genuine employment relationship — the agent may establish that it is performing the employer function. This determination is made case by case based on the contractual agreement.

The petition must include evidence regarding the wage offered. There is no prevailing wage requirement for O petitions, and no particular wage structure is mandated. A detailed description of the wage offered or fee structure — together with evidence that the wage or fee was agreed upon between the agent and the beneficiary — is sufficient. The disclosure need not conform to any particular format; the substance of what was agreed and documented matters more than the form of documentation.

No. When an O petition is filed by an agent performing the function of an employer, a contract between the beneficiary and the entities that will ultimately use the beneficiary's services is not required. The contractual relationship that matters is the one between the agent/employer and the beneficiary — the downstream relationship with individual engagements or clients is not a required evidentiary element.

A petition requiring the alien to work in more than one location must include an itinerary specifying the dates and locations of work. There are no exceptions to the itinerary requirement in this scenario. However, USCIS does give some flexibility regarding how detailed the itinerary must be, taking into account industry standards. At a minimum, the itinerary should indicate: the type of work the beneficiary will perform, where it will take place, and when. The precision expected of a touring musician's itinerary, for example, is understood to differ from a corporate consultant's schedule given the nature of each industry.

Yes. When an agent represents both the beneficiary and the employing entities, a contract between the employer and the beneficiary must be submitted with the O petition. This contract gives USCIS evidence that an actual position exists and that the O worker is coming to the US to fill it. An O worker cannot self-petition, and USCIS needs documentation showing a genuine offer from each employer.

USCIS will accept either a written or oral contract. If the contract is oral, the documenting evidence does not need to be signed by both parties — but it must document the terms of employment offered and that the beneficiary agreed. Acceptable evidence of an oral agreement includes:

• Email correspondence between the parties;
• A written summation of the terms of the agreement; or
• Any other evidence demonstrating that an oral agreement was created.

The regulations require a complete itinerary of the events or activities when the agent represents both the beneficiary and employer(s). The itinerary must specify: the dates of each service or engagement; the names and addresses of the actual employers; and the names and addresses of the establishments, venues, or locations where the services will be performed. This is a more detailed itinerary requirement than the agent-as-employer scenario — specific employer and venue information must be documented, not merely the type and timing of work.

Yes. A US agent can be the actual employer. When filing as the employer, the petition must include the contractual agreement between the agent and the beneficiary specifying the wage offered and other terms and conditions of employment — either a written contract or a summary of oral agreement terms. The contractual agreement must show that the control characteristic of an employment relationship runs between the agent and the beneficiary, not between the beneficiary and the underlying engagements or clients.

Yes. A US agent may simultaneously be the employer and also represent additional employers who will use the beneficiary's services. When filing in this dual capacity, the regulations require the agent to provide:

• The contract between the petitioner (agent/employer) and the beneficiary; and
• A complete itinerary listing specific dates of each service or engagement — including dates, employer names and addresses, and locations as described in the multi-employer itinerary standard above.

The contract between the agent/employer and the beneficiary governs the primary employment relationship. The itinerary documents the full scope of activities, including those performed for other employers the agent represents. This scenario most commonly arises for booking agents, talent agencies, and similar representatives in entertainment and sports.