The O-1 is a temporary non-immigrant status/ visa meant for foreign nationals with extraordinary ability in science, education, business or athletics, or in the motion picture and television field. They may be filed by a U.S. employer, a U.S. agent, or a foreign employer though a U.S. agent. If the the foreign national intends to work for more than one employer during the same time period, each employer must file its own petition unless a U.S agent files the Petition.

The Regulation :8 CFR §214.2(o)(2)(iv)(E)

Agents as petitioners. A United States agent may file a  petition in cases involving workers who are traditionally self-employed or workers who use agents to arrange short-term employment on their behalf with numerous employers, and in cases where a foreign employer authorizes the agent to  act in its behalf. A  United States 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 to  act for, or in place of, the employer as its agent. A  petition filed by an agent is subject to the following conditions:

(1) An agent performing the function of an employer must provide the contractual agreement between the agent and the beneficiary which specifies the wage offered and the other terms and conditions of employment of the beneficiary.

(2) A person or company in business as an agent may file the petition involving multiple employers as the  representative of both the employers and the beneficiary, if the supporting documentation includes a complete itinerary of the  event or events. 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  serviceswill be performed. A  contract between the employers and the beneficiary is required. The burden is on the agent to explain the terms and conditions of the employment and to provide any required documentation.

(3) A foreign employer who, through a United States agent, files a  petition for an O nonimmigrant alien is responsible for complying with all of the employer sanctions provisions of section 274A of the  Act and 8 CFR part 274a.

USCIS Interpretive policy guidance issued in Nov 2009 states:

A petition involving multiple employers may be filed a person/company in business as agent, acting as agent for both the employers and the Foreign national, if:

• The supporting documentation includes:

  1. a complete itinerary of the event or events.
  2. The itinerary specifies the dates of each service or engagement,
  3. the names and addresses of the actual employers,
  4. and the names and addresses of the establishments, venues, or locations where the services will be performed.
  5. The contracts between the employers and the beneficiary are submitted; and
  6. The agent explains the terms and conditions of the employment and provides any required documentation.

In business as an agent:

The O-1 Agent petitioner must establish that it is “in business as an agent. USCIS guidance, states:

“Adjudicators should consider evidence that shows that it is more likely than not that the petitioner is in business as an agent for the series of events, services, or engagements that is the subject of the petition. The focus should be on whether the petitioner can establish that it is authorized to act as an agent for the other employers for purposes of filing the petition. This means that the petitioner does not have to demonstrate that it normally serves as an agent outside the context of this petition.
The petitioner/employer, seeking to serve as an agent for the beneficiary and/or for other employers, must establish that the petitioner is duly authorized to act as their agent. “

Examples given in the guidance of evidence that may satisfy the requirements to act as an agent:

  1. a document signed by the beneficiary’s other employer(s) which states that the petitioner is authorized to act in that employer’s place as an agent for the limited purpose of filing the O petition with USCIS
  2. a statement confirming the relevant information [itinerary, names and addresses of the series of employers] signed by the petitioner and the series of employers)
  3. other types of agency representation contracts;
  4. fee arrangements;
  5. statements from the other employers regarding the nature of the petitioner’s representation of the employers and beneficiary.

While evidence of compensation could help establish that the petitioner is in business as an agent, compensation is not a requirement to establish an agency.