The fear behind this question is H-1B-shaped: months of process and fees walking out the door. Here, your sunk cost is a letter.
| H-1B you filed | Agent-based O-1 | |
|---|---|---|
| Your paperwork at risk | Petition, LCA, fees | One-page letter |
| Your fees at risk | Filing + counsel | None |
| Process to restart if they leave | Yours | Not yours |
The candidate is not bound to you either — the letter binds nobody. What holds an O-1 hire is what holds any hire: the role, the team, the pay. In practice the incentive runs in your favor: the person fought hard for the ability to work here, and the engagement with your company is part of the case they built.
The O-1 itinerary supports multiple engagements, so some employers start fractionally — a project engagement first, a full-time offer once both sides are sure.
You invested a letter, not a petition. Attrition risk on an O-1 engagement is ordinary employment risk — smaller than on an H-1B you filed.
