US O-1 Visa: do you need an employer and what are your real options?

If you are a specialist with extraordinary achievements in science, business, education, the arts, or athletics and are considering career opportunities in the United States, the O-1 visa is one of the most flexible and attractive pathways available. It offers advantages that many traditional work or immigration visas do not: no H-1B lottery, no long waits for a green card, greater freedom in choosing projects, and a generous period of stay.

However, one of the key questions candidates ask is: “Do I need a US employer to apply for an O-1 visa?” The answer is yes — but not in the traditional sense of employer-employee sponsorship.
Below, we break down how the O-1 petitioner system works, what options exist, the benefits and risks of each path, and how Visa Dan supports you throughout the entire process.

1. A US Employer (Classic Model)
If you have a job offer from a US company, this is the most straightforward path. The employer files Form I-129 and acts as the petitioner, describing your role and demonstrating the need for a talent of your caliber.
Pros:

• Stability, benefits, fixed salary
• Familiar hiring model for US companies
• High approval rate when the case is properly structured

Cons:

• Hard to find employers familiar with the O-1 category
• Dependence on one sponsor: termination = loss of status
• Changing jobs requires a new petition

2. Your Own US Company (For Entrepreneurs and Freelancers)
You can register a US business entity (LLC or corporation) and have it “hire” you. This is a legal pathway in which your own company serves as the petitioner.
Requirements:

• US company registration
• Business address and corporate documents
• Employment or consulting agreement between you and your company
• Evidence of actual operations (website, clients, letters of intent)

Pros:

• Full independence and control
• Ideal for growth of personal projects or a startup

Cons:

• Higher evidentiary requirements to prove real business activity
• Administrative and financial overhead
• Increased likelihood of an RFE (Request for Evidence)

3. A US Agent (Ideal for Creatives, Consultants, and Multi-Client Professionals)
A US-based individual or legal entity can act as your agent and file the petition on your behalf. This is suitable when you have multiple projects or clients.
Pros:

• Flexibility to work with several employers under one petition
• Ideal for artists, freelancers, consultants, coaches

Cons:

• Need to carefully vet and document the agent relationship
• Large volume of paperwork: contracts, itinerary, letters of intent
• The agent holds authority and may withdraw the petition

The O-1 visa is a powerful tool for high-achieving professionals seeking to build a career in the United States. But the most critical factor for approval is selecting the right petitioner and preparing a fully compliant, well-structured petition. Self-petitioning is not allowed — a US-based petitioner is mandatory.

Visa Dan supports clients at every step: from eligibility evaluation and strategy selection to petition preparation and communication with USCIS. We will help you choose the optimal sponsorship model — employer, agent, or your own company — and assemble a strong, error-free case.

Contact us today to discuss your situation and begin your O-1 journey with confidence and professionalism.

Visa Dan is an international company with a strong legal team and experience in assisting more than 1,000 clients. We offer:

• Individual selection of solutions and strategies for obtaining a residence permit.
• Complete transparency and support at every stage.
• A strong team in Europe: lawyers, translators, operators, notaries.
• Support until you receive your ID card, as well as assistance with renewal and integration in the country.

The Visa Dan team will help you navigate this journey from start to finish. Get personalized advice and start your new life in 2025!