Consultants, freelancers, and contractors don't have traditional employer-employee relationships. Here's how to navigate H-1B, O-1, and green card options when you work for multiple clients or yourself.
7 min read
1 min read
Consultants and contractors can pursue U.S. work authorization through several paths: O-1 with agent petitioner (most flexible for multi-client work), H-1B through staffing agency or end client, or self-petitioned green cards (EB-1A, EB-2 NIW).
The key challenge is establishing the required "employer-employee relationship" for H-1B or finding an agent to petition for O-1. Self-petitioned green cards are often the best long-term solution since they don't require employer sponsorship.
Traditional H-1B requires employer-employee relationship
Independent contractors struggle because USCIS scrutinizes control and supervision.
O-1 with agent is ideal for consultants
Agents can petition for O-1, allowing you to work for multiple clients.
Staffing agencies can sponsor H-1B
But third-party placement arrangements face heightened scrutiny.
Self-petitioned green cards are best long-term
EB-1A and EB-2 NIW don't require employer sponsorship.
Documentation is critical
Contracts, client agreements, and work arrangements must be carefully documented.
B-1 in lieu of H-1B is limited
Only works for short-term, specific situations.
Traditional H-1B requires employer-employee relationship
Independent contractors struggle because USCIS scrutinizes control and supervision.
O-1 with agent is ideal for consultants
Agents can petition for O-1, allowing you to work for multiple clients.
Staffing agencies can sponsor H-1B
But third-party placement arrangements face heightened scrutiny.
Self-petitioned green cards are best long-term
EB-1A and EB-2 NIW don't require employer sponsorship.
Documentation is critical
Contracts, client agreements, and work arrangements must be carefully documented.
B-1 in lieu of H-1B is limited
Only works for short-term, specific situations.
Why traditional H-1B is difficult:
USCIS requires an "employer-employee relationship" where the employer has the right to control:
When and where work is performed
What work is performed
How work is performed
Hiring and firing authority
Independent contractors typically:
Set their own hours
Work for multiple clients
Control their own methods
Invoice clients rather than receive W-2
Result: USCIS may deny H-1B if relationship looks like independent contracting rather than employment.
What it is: O-1 allows an "agent" to petition on behalf of the beneficiary, enabling work for multiple clients.
How it works:
Agent (typically an agency or attorney acting as agent) files O-1 petition
Petition lists multiple clients/engagements you'll work for
You work for various clients under single O-1
Agent handles visa compliance and reporting
Who can be an agent:
Immigration attorneys who act as agents
Talent agencies (entertainment industry)
Specialized O-1 agent services
Professional employer organizations (PEOs)
Requirements:
Meet O-1 extraordinary ability criteria (3 of 8)
Have contracts or engagement letters from clients
Agent agreement in place
Advantages:
Work for multiple clients simultaneously
No single employer dependency
Flexibility to add/change clients
Ideal for consulting model
Costs:
O-1 filing fees: $1,655
Premium processing: $2,805
Attorney/agent fees: $5,000-$15,000
Agent ongoing fees: $500-$2,000/year (varies)
Evidence required:
Contracts or letters from intended clients
Itinerary of engagements (can be tentative)
O-1 evidence (publications, awards, press, etc.)
What it is: Staffing company employs you (W-2) and places you at client sites.
How it works:
Staffing agency is your legal employer
Agency sponsors H-1B
You work at client locations
Agency pays you, handles taxes, provides benefits
USCIS scrutiny:
Third-party placement arrangements are heavily scrutinized
Agency must demonstrate it maintains employer-employee relationship
Client site work arrangements must be documented
Shorter approval periods may be granted (1-year increments vs 3 years)
What agencies must show:
Right to control your work
Authority to hire/fire
Pay and benefits structure
Supervision mechanisms
Specific client contracts
Challenges:
Higher RFE rates for third-party placements
May get 1-year approvals instead of 3 years
Agency takes significant cut of billing rate
Less stable than direct employment
When this works:
You work primarily for one or two clients
Staffing agency has strong H-1B track record
Client relationship is long-term
What it is: Your primary client sponsors H-1B directly, even though you're a "consultant."
How it works:
Client treats you as employee for visa purposes
You may still bill as consultant but are W-2 for the client
Client files H-1B petition
Requirements:
Client must be willing to sponsor
Must convert to W-2 employee (not 1099 contractor)
Full-time or part-time employment (not project-based)
Challenges:
Clients often don't want to sponsor contractors
You lose flexibility to work for other clients
Must commit to single employer
When this works:
You have one primary client willing to sponsor
You're willing to convert from contractor to employee
Long-term engagement is expected
Why this is often best for consultants:
No employer required (self-petition)
No employer-employee relationship issues
Once approved, you can work for anyone (or yourself)
Eliminates visa dependency entirely
EB-1A (Extraordinary Ability):
Meet 3 of 10 criteria
Self-petition (no sponsor needed)
No backlog (even for Indians)
Best if you have strong evidence
EB-2 NIW (National Interest Waiver):
Work has substantial merit and national importance
Self-petition
Backlog for India (10+ years), but locks in priority date
Strategy for consultants:
Build evidence through consulting work (publications, speaking, impact)
File self-petition
Maintain whatever status you have while processing
Once green card approved, full freedom
What it is: Business visitor visa for short-term work where you're paid by foreign employer.
Strict requirements:
You must be employed and paid by foreign entity
Work in U.S. is incidental to foreign employment
No U.S. source income
Short-term, temporary assignment
Who this works for:
Foreign companies sending employees to U.S. briefly
Consultants employed by overseas firm with U.S. client
Who this doesn't work for:
U.S.-based consultants
Anyone paid by U.S. clients
Long-term arrangements
Limitations:
Very narrow application
USCIS and CBP scrutinize heavily
Not suitable for most consultants
For O-1 with Agent:
Agent agreement
Client contracts or engagement letters
Itinerary of work (can be tentative)
Evidence of O-1 criteria
Description of services to be performed
For H-1B Through Staffing Agency:
Employment contract with agency
Master service agreement with end client
Statement of work for each engagement
Evidence of agency's control and supervision
Client site work details
For Self-Petitioned Green Card:
Evidence of extraordinary ability or national interest
Documentation of your work and impact
Recommendation letters (can be from clients)
No employer documentation required
Consultants have unique evidence opportunities:
Client Testimonials:
Get letters from clients describing your impact
Document projects and outcomes
Quantify results (revenue generated, problems solved)
Industry Recognition:
Speaking at conferences about your expertise
Writing articles about your specialty
Awards for consulting work
Original Contributions:
Methodologies you've developed
Tools or frameworks you've created
Case studies of your impact
High Compensation:
Consulting rates are often high
Document billing rates and income
Compare to industry standards
Phase 1: Establish U.S. Presence
O-1 with agent (work for multiple clients)
OR H-1B through staffing agency/client
Phase 2: Build Evidence
Continue consulting while building extraordinary ability evidence
Publications, speaking, awards, client impact
Phase 3: File Self-Petition
EB-1A or EB-2 NIW
No employer sponsorship needed
Process while maintaining O-1 or H-1B
Phase 4: Green Card
Once approved, work for anyone (or yourself)
No more visa constraints
Full consulting freedom
Mistake 1: Trying to Get H-1B as Independent Contractor
USCIS will deny H-1B if you're truly independent contractor with no employer control.
Fix: Convert to W-2 employment or use O-1 with agent.
Mistake 2: Not Documenting Client Relationships
You have great clients but no formal contracts or documentation.
Fix: Get written contracts, engagement letters, and testimonials for every client.
Mistake 3: Ignoring Self-Petition Options
Consultants focus on work visas and don't realize they may qualify for self-petitioned green cards.
Fix: Evaluate EB-1A and NIW eligibility based on your consulting track record.
Mistake 4: Using B-1 Incorrectly
Consultants try to use B-1 for work that requires H-1B.
Fix: B-1 is only for narrow circumstances. Most U.S. consulting work requires H-1B or O-1.
Work Arrangement Analysis
OpenSphere evaluates your consulting structure and identifies which visa options are viable.
Agent Identification
OpenSphere can recommend O-1 agents experienced with consultant petitions.
Evidence Mapping for Consultants
OpenSphere shows how to translate consulting work into O-1/EB-1A evidence: client impact, methodologies, industry recognition.
Self-Petition Evaluation
Based on your consulting track record, OpenSphere assesses EB-1A and NIW eligibility.
Option | Employer Required? | Multiple Clients? | Best For |
O-1 with Agent | Agent only | Yes | High-achieving consultants |
H-1B (Staffing) | Staffing agency | Limited | Consultants willing to be W-2 |
H-1B (Client) | End client | No | Primary client willing to sponsor |
EB-1A | No (self-petition) | Yes (after approval) | Strong evidence, want green card |
EB-2 NIW | No (self-petition) | Yes (after approval) | National importance work |
B-1 | Foreign employer | N/A | Very limited, short-term only |
Working as a consultant and unsure which visa path fits your work arrangement? Want to know if you qualify for O-1 or self-petitioned green card?
Take the OpenSphere evaluation. You'll get consultant-specific visa recommendations.
Explore Consultant Visa Options
Why traditional H-1B is difficult:
USCIS requires an "employer-employee relationship" where the employer has the right to control:
When and where work is performed
What work is performed
How work is performed
Hiring and firing authority
Independent contractors typically:
Set their own hours
Work for multiple clients
Control their own methods
Invoice clients rather than receive W-2
Result: USCIS may deny H-1B if relationship looks like independent contracting rather than employment.
What it is: O-1 allows an "agent" to petition on behalf of the beneficiary, enabling work for multiple clients.
How it works:
Agent (typically an agency or attorney acting as agent) files O-1 petition
Petition lists multiple clients/engagements you'll work for
You work for various clients under single O-1
Agent handles visa compliance and reporting
Who can be an agent:
Immigration attorneys who act as agents
Talent agencies (entertainment industry)
Specialized O-1 agent services
Professional employer organizations (PEOs)
Requirements:
Meet O-1 extraordinary ability criteria (3 of 8)
Have contracts or engagement letters from clients
Agent agreement in place
Advantages:
Work for multiple clients simultaneously
No single employer dependency
Flexibility to add/change clients
Ideal for consulting model
Costs:
O-1 filing fees: $1,655
Premium processing: $2,805
Attorney/agent fees: $5,000-$15,000
Agent ongoing fees: $500-$2,000/year (varies)
Evidence required:
Contracts or letters from intended clients
Itinerary of engagements (can be tentative)
O-1 evidence (publications, awards, press, etc.)
What it is: Staffing company employs you (W-2) and places you at client sites.
How it works:
Staffing agency is your legal employer
Agency sponsors H-1B
You work at client locations
Agency pays you, handles taxes, provides benefits
USCIS scrutiny:
Third-party placement arrangements are heavily scrutinized
Agency must demonstrate it maintains employer-employee relationship
Client site work arrangements must be documented
Shorter approval periods may be granted (1-year increments vs 3 years)
What agencies must show:
Right to control your work
Authority to hire/fire
Pay and benefits structure
Supervision mechanisms
Specific client contracts
Challenges:
Higher RFE rates for third-party placements
May get 1-year approvals instead of 3 years
Agency takes significant cut of billing rate
Less stable than direct employment
When this works:
You work primarily for one or two clients
Staffing agency has strong H-1B track record
Client relationship is long-term
What it is: Your primary client sponsors H-1B directly, even though you're a "consultant."
How it works:
Client treats you as employee for visa purposes
You may still bill as consultant but are W-2 for the client
Client files H-1B petition
Requirements:
Client must be willing to sponsor
Must convert to W-2 employee (not 1099 contractor)
Full-time or part-time employment (not project-based)
Challenges:
Clients often don't want to sponsor contractors
You lose flexibility to work for other clients
Must commit to single employer
When this works:
You have one primary client willing to sponsor
You're willing to convert from contractor to employee
Long-term engagement is expected
Why this is often best for consultants:
No employer required (self-petition)
No employer-employee relationship issues
Once approved, you can work for anyone (or yourself)
Eliminates visa dependency entirely
EB-1A (Extraordinary Ability):
Meet 3 of 10 criteria
Self-petition (no sponsor needed)
No backlog (even for Indians)
Best if you have strong evidence
EB-2 NIW (National Interest Waiver):
Work has substantial merit and national importance
Self-petition
Backlog for India (10+ years), but locks in priority date
Strategy for consultants:
Build evidence through consulting work (publications, speaking, impact)
File self-petition
Maintain whatever status you have while processing
Once green card approved, full freedom
What it is: Business visitor visa for short-term work where you're paid by foreign employer.
Strict requirements:
You must be employed and paid by foreign entity
Work in U.S. is incidental to foreign employment
No U.S. source income
Short-term, temporary assignment
Who this works for:
Foreign companies sending employees to U.S. briefly
Consultants employed by overseas firm with U.S. client
Who this doesn't work for:
U.S.-based consultants
Anyone paid by U.S. clients
Long-term arrangements
Limitations:
Very narrow application
USCIS and CBP scrutinize heavily
Not suitable for most consultants
For O-1 with Agent:
Agent agreement
Client contracts or engagement letters
Itinerary of work (can be tentative)
Evidence of O-1 criteria
Description of services to be performed
For H-1B Through Staffing Agency:
Employment contract with agency
Master service agreement with end client
Statement of work for each engagement
Evidence of agency's control and supervision
Client site work details
For Self-Petitioned Green Card:
Evidence of extraordinary ability or national interest
Documentation of your work and impact
Recommendation letters (can be from clients)
No employer documentation required
Consultants have unique evidence opportunities:
Client Testimonials:
Get letters from clients describing your impact
Document projects and outcomes
Quantify results (revenue generated, problems solved)
Industry Recognition:
Speaking at conferences about your expertise
Writing articles about your specialty
Awards for consulting work
Original Contributions:
Methodologies you've developed
Tools or frameworks you've created
Case studies of your impact
High Compensation:
Consulting rates are often high
Document billing rates and income
Compare to industry standards
Phase 1: Establish U.S. Presence
O-1 with agent (work for multiple clients)
OR H-1B through staffing agency/client
Phase 2: Build Evidence
Continue consulting while building extraordinary ability evidence
Publications, speaking, awards, client impact
Phase 3: File Self-Petition
EB-1A or EB-2 NIW
No employer sponsorship needed
Process while maintaining O-1 or H-1B
Phase 4: Green Card
Once approved, work for anyone (or yourself)
No more visa constraints
Full consulting freedom
Mistake 1: Trying to Get H-1B as Independent Contractor
USCIS will deny H-1B if you're truly independent contractor with no employer control.
Fix: Convert to W-2 employment or use O-1 with agent.
Mistake 2: Not Documenting Client Relationships
You have great clients but no formal contracts or documentation.
Fix: Get written contracts, engagement letters, and testimonials for every client.
Mistake 3: Ignoring Self-Petition Options
Consultants focus on work visas and don't realize they may qualify for self-petitioned green cards.
Fix: Evaluate EB-1A and NIW eligibility based on your consulting track record.
Mistake 4: Using B-1 Incorrectly
Consultants try to use B-1 for work that requires H-1B.
Fix: B-1 is only for narrow circumstances. Most U.S. consulting work requires H-1B or O-1.
Work Arrangement Analysis
OpenSphere evaluates your consulting structure and identifies which visa options are viable.
Agent Identification
OpenSphere can recommend O-1 agents experienced with consultant petitions.
Evidence Mapping for Consultants
OpenSphere shows how to translate consulting work into O-1/EB-1A evidence: client impact, methodologies, industry recognition.
Self-Petition Evaluation
Based on your consulting track record, OpenSphere assesses EB-1A and NIW eligibility.
Option | Employer Required? | Multiple Clients? | Best For |
O-1 with Agent | Agent only | Yes | High-achieving consultants |
H-1B (Staffing) | Staffing agency | Limited | Consultants willing to be W-2 |
H-1B (Client) | End client | No | Primary client willing to sponsor |
EB-1A | No (self-petition) | Yes (after approval) | Strong evidence, want green card |
EB-2 NIW | No (self-petition) | Yes (after approval) | National importance work |
B-1 | Foreign employer | N/A | Very limited, short-term only |
Working as a consultant and unsure which visa path fits your work arrangement? Want to know if you qualify for O-1 or self-petitioned green card?
Take the OpenSphere evaluation. You'll get consultant-specific visa recommendations.
Explore Consultant Visa Options
1. Can I work as a 1099 contractor on H-1B?
No. H-1B requires W-2 employer-employee relationship. You must be employed, not contracted.
2. What's the difference between O-1 agent and O-1 employer?
Employer is company you work for directly. Agent is third party who petitions on your behalf, allowing work for multiple clients.
3. How do I find an O-1 agent?
Immigration attorneys often act as agents. Some specialize in O-1 agent petitions. Ask for referrals from other consultants.
4. Can my LLC sponsor my own H-1B?
Very difficult. USCIS scrutinizes self-employment arrangements. You'd need to show LLC has sufficient control and is legitimate business separate from you.
5. What if I have one main client and several small clients?
Consider: Main client sponsors H-1B (become their W-2 employee), or use O-1 with agent to maintain multiple clients.
6. Do consulting fees count as "high salary" for O-1?
Yes, if documented properly. Show billing rates, income, and comparison to industry standards.
7. Can I switch from consulting to full-time employment?
Yes. If you have O-1, new employer can file O-1 transfer. If you have H-1B, new employer files H-1B transfer.
8. What evidence do consultants typically have for O-1?
Client testimonials (critical role), industry speaking/writing (authorship), high billing rates (high remuneration), awards, and original methodologies.
9. Is it harder for consultants to get visas?
More complex due to employer-employee issues, but definitely possible. O-1 with agent is designed for this situation.
10. Can I start my own consulting company on green card?
Yes. Once you have green card (through any path), you can work for any employer including your own company.
Table of Contents
Quick Resources
