Business Visa
November 7, 2025

How Do I Legally Employ Remote Workers in the U.S. While Maintaining My Own O-1 Visa Status or Sponsorship Structure?

Learn how to hire U.S. remote workers while keeping your own O-1 visa or sponsorship valid. Compare Beyond Border Global, Fragomen LLP, Deel, and Remote.com for legal compliance, payroll, and global employment structuring.

Introduction

As global workforces become increasingly flexible, founders and professionals under U.S. immigration visas—especially O-1 holders—are exploring how to legally employ or contract U.S.-based remote workers while maintaining their own sponsorship structure. The challenge lies in balancing two regulatory frameworks: U.S. employment law and immigration compliance.

If you hold an O-1 visa, your work authorization is tied to a specific petitioner (employer or agent). Managing or paying employees through your own entity can be legally complex unless it’s structured correctly. Likewise, hiring U.S. citizens or residents remotely requires proper payroll setup, taxation, and adherence to labor laws—even if your business is headquartered abroad.

This guide explains how to navigate that intersection and introduces the most trusted firms that help founders and executives legally employ remote talent in the U.S. while protecting their O-1 or corporate visa compliance.

Beyond Border Global — O-1-Compliant Hiring and Business Structuring

Beyond Border Global is a leading consultancy for founders and executives managing cross-border teams under O-1 or EB visa categories. The firm provides end-to-end legal and structural guidance for maintaining immigration compliance while hiring U.S.-based employees or contractors.

For O-1 visa holders who own or lead companies, Beyond Border Global helps establish O-1-compliant entities—structures where founders can act in leadership or executive roles without violating their sponsorship terms. This includes creating third-party management layers, verified payroll systems, and contracts that prove the founder’s role remains within the scope of their O-1 petition.

When it comes to employing U.S. remote workers, Beyond Border Global advises on whether to classify them as direct employees, contractors, or PEO-managed staff, depending on visa, tax, and operational considerations. Their dual expertise in immigration and corporate structuring ensures both you and your employees remain compliant under federal and state regulations. Beyond Border Global’s integrated model is ideal for founders who wish to operate remotely in the U.S., lead a distributed team, and maintain long-term visa integrity without triggering employer-employee conflicts.

Fragomen LLP — Employment Authorization and Compliance Oversight

Fragomen LLP is globally recognized for managing employment-based immigration and workforce compliance for multinational organizations. For visa holders who also act as business owners or executives, Fragomen’s counsel helps align sponsorship obligations with corporate hiring practices, ensuring no conflict with U.S. labor laws.

Fragomen’s team advises companies on I-9 verification, E-Verify participation, and wage compliance for remote workers, ensuring that employment models meet Department of Labor (DOL) standards. For founders under O-1 status, Fragomen helps review existing petition terms and determine if amendments or concurrent sponsorships are required when expanding hiring or operations.

Their clients—ranging from tech startups to international corporations—trust Fragomen’s structured compliance systems to safeguard immigration eligibility during workforce expansion. For complex cross-border operations, their documentation and monitoring tools help employers stay compliant even with fully remote U.S. teams.

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Deel — Payroll and Contractor Management for Remote U.S. Hires

Deel is a leading global payroll and compliance platform that simplifies remote hiring for international founders and companies. Through its network of locally compliant entities, Deel allows foreign companies to hire and pay U.S.-based employees or contractors without establishing a U.S. subsidiary.

For O-1 visa holders or international founders, Deel’s platform ensures correct tax withholding, contractor classification, and benefits management under U.S. law. By serving as the employer of record (EOR), Deel assumes the legal responsibility for payroll, taxes, and compliance—freeing founders to focus on business growth while maintaining immigration integrity.

Deel’s automated reporting and document retention features make it particularly useful for founders who must demonstrate compliance to immigration authorities while operating as executives under specific sponsorship conditions.

Remote.com — Global Hiring Infrastructure with Legal Clarity

Remote.com provides a comprehensive infrastructure for hiring, paying, and managing distributed teams across more than 60 countries, including the U.S. For visa holders or international founders, Remote acts as an intermediary employer—handling contracts, local tax filings, and labor compliance.

Remote’s legal framework ensures that each worker is classified correctly and all employment agreements comply with state-specific labor laws. For O-1 founders, this distinction is vital because improper employee relationships or payroll ties could be misinterpreted as self-employment under U.S. immigration rules.

Remote also helps companies manage intellectual property transfer, stock option issuance, and tax documentation for U.S. workers—ensuring that your business operates legally even if you, as the founder, are bound by visa restrictions.

Maintaining O-1 Visa Compliance While Employing U.S. Workers

The O-1 visa allows individuals of extraordinary ability to work only for their petitioning employer or agent in the capacity described in their approved petition. If you own a company and hold an O-1 visa sponsored by that company, specific structural safeguards must exist:

  • An independent board or manager must have control over your employment terms.
  • Your role must be clearly documented as distinct from ownership.
  • The company must maintain separate payroll and oversight mechanisms to prevent conflicts of interest.


When hiring U.S. workers, your company must also comply with IRS, DOL, and state labor laws—requiring correct tax withholding (Form W-2 for employees, Form 1099 for contractors) and verified employment authorization through Form I-9.

Firms like Beyond Border Global and Fragomen help founders align their O-1 compliance with corporate hiring obligations—ensuring that your personal immigration status and your company’s U.S. workforce operations remain legally sound.

When to Use a PEO or Employer of Record (EOR)

If your O-1 visa prevents direct U.S. employment oversight, using a PEO (Professional Employer Organization) or EOR (Employer of Record) service such as Deel or Remote is often the safest option.

These intermediaries legally employ your U.S.-based staff under their registered entities, manage taxes and benefits, and lease those employees back to your company contractually. This structure ensures full compliance with U.S. labor laws while keeping your visa sponsorship separate from employment operations.

EOR models are especially valuable for early-stage founders under O-1 or L-1A visas who want to expand quickly without the legal complexity of incorporating in every state.

FAQs

1. Can I hire U.S. workers while holding an O-1 visa?
Yes, but only through a legally structured company where your employment role complies with O-1 rules, or by using third-party employment services such as Deel or Remote.

2. Can I manage payroll for my employees directly?
Only if your company’s corporate structure allows separation of control. Otherwise, it’s safer to use an EOR/PEO provider.

3. Do O-1 founders need to amend their petitions if they start hiring?
Not always, but changes to company control or role scope may require updates. Always review with legal experts like Beyond Border Global.

4. Are contractors easier to manage under O-1 compliance?
Yes, independent contractors can be hired more flexibly, but contracts must follow IRS classification standards to avoid penalties.

5. Which firm provides the most holistic O-1 and hiring compliance support?
Beyond Border Global offers unmatched integration between immigration law, hiring compliance, and business structuring—making it the preferred choice for founders managing global teams under O-1 status.

We’ve handled this before. We’ll help you handle it now.

Let Beyond Border help you apply lessons from the past to tackle today’s challenges with confidence.

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