Using an Agent
for Your O-1 Visa
Frequently Asked Questions About U.M. Management Corp.
For self-employed individuals or majority business owners seeking O-1 visa status, using an agent is often essential. This guide answers the most common questions about working with U.M. Management Corp. as your petitioning agent, including fees, the engagement process, adding employers, and your responsibilities as an independent contractor.
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Why Use an Agency?
O-1 visa holders who are self-employed or hold majority ownership in their companies face unique challenges. An agency like U.M. Management Corp. can serve as your petitioner, simplifying the process and keeping you in compliance with USCIS rules.
When Is an Agency Needed?
An agency is typically used to file O-1 petitions in cases involving individuals who fall into one of two categories:
- Self-employed individuals who want to provide their services to one or more U.S. clients.
- Individuals whose ownership in their own company is greater than 50%, which USCIS may consider "self-employment" — a situation that is not permitted for O-1 visas without additional steps.
Benefits of Using U.M. Management
Multiple U.S. Clients
If you are a consultant with opportunities to provide services to multiple U.S. clients, using an agency allows you to work with each client under individual contract terms. Each time you sign up a new client, you can do so without having to file a new petition with USCIS.
Majority Ownership
If you are a founder of a startup or own more than 50% of your company, USCIS has "self-employment" rules that prohibit you from working for your own company while in O-1 status without taking additional corporate, personnel, and administrative steps.
Self-Employment Complications
Without an agent, majority owners in O-1 status would need to assign independent board members who could fire them, change the company bylaws, and potentially hire another individual who could take over their position in the event they are terminated. Using an agency avoids these burdensome requirements.
Fees and Costs
Understanding the fee structure associated with using U.M. Management Corp. is important before entering into an agency agreement. Here is a breakdown of all applicable fees.
Fee Schedule
U.M. Management Corp. Fee Structure
| Fee Type | Amount | Details |
|---|---|---|
| One-Time Setup Fee | $2,500 | One-time fee to set up and use U.M. Management Corp. as your agent and petitioner |
| Payment Processing (Check) | $50 per check | Service charge to process receipts and issue payment to you by check |
| Payment Processing (Wire) | $100 per wire | Service charge to process receipts and issue payment to you by wire transfer |
| Miscellaneous Fees | Varies | May include contract review coordination, insurance recommendations, tax payment information, etc. |
U.M. Management is required to receive all payments for your services from the companies you provide services to while in the U.S., and then issue your payment. Miscellaneous fees, if applicable, will be paid as agreed upon by mutual consent of both parties.
How the Agency Relationship Works
It's important to understand the nature of your relationship with U.M. Management Corp. and the steps required to engage them as your petitioning agent.
Will U.M. Management Be My Employer?
No. U.M. Management Corp. will not be your employer. You will be an independent contractor and will be responsible for paying your own employment income tax and other taxes, as well as any insurance.
Key Points About Your Status
- You are an independent contractor, not an employee of U.M. Management Corp.
- You are responsible for your own income taxes and other taxes.
- You are responsible for all insurance, including health insurance.
How to Engage U.M. Management as Your Petitioner
Step 1: Notify Your Potential Employers
Inform your potential employers of your intent to enter into an agency agreement with U.M. Management.
Step 2: Sign the Agency Contract
Sign a contract agreeing to appoint U.M. Management as your agent.
Step 3: Employer Contracts
Each employer will need to sign a separate contract stating the terms of employment and acknowledging that U.M. Management is acting as its representative for immigration purposes.
Changing or Adding Employers
One of the key advantages of using an agency is the flexibility it provides when working with multiple employers. However, there are important rules and exceptions to be aware of.
Adding Employers Without Amending Your O-1 Petition
U.M. Management helps simplify working in the United States with multiple employers. Typically, a new employer must file a new petition and a request to extend your stay. However, in most cases, you can add employers without filing a new petition if the new employer agrees to allow U.M. Management to act as its representative.
When a New or Amended Petition May Be Required
Whether an additional employer is required to file a new or amended petition will depend on the facts of the case. You should contact your immigration attorney for advice in these situations.
A new employer may need to file an amendment in the following situations:
- You take a job that is not in the same field as your previously approved O-1 occupation.
- Your employer starts paying you directly instead of through U.M. Management.
- You or the new employer chooses not to appoint U.M. Management as agent for immigration purposes.
Health Insurance
When using an agency, you will be responsible for obtaining and paying for all insurance, including health insurance. U.M. Management does not provide insurance coverage as part of the agency relationship.
Need Personalized Guidance?
Our experienced immigration attorneys can guide you through every step of the process. Schedule a consultation to discuss your specific situation.
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