What
is O-1 visa?
The O-1 visa is a non-immigrant employment-based visa classification
for foreign nationals who can demonstrate the sustained national or
international acclaim and recognition for achievements in the science,
education, business or athletics. It requires the employer file a Petition
for a Nonimmigrant Worker (Form I-129), along with evidence of the
individual’s extraordinary ability. The "extraordinary ability in
the field of science, education, business, or athletics means a level of
expertise indicating that the person is one of the small percentage who
have arisen to the very top of the field of endeavor."
What are qualifications?
- Employment must be in a capacity that requires the extraordinary
ability. The job offer letter must state the nature of the events or
activities in which the individual will be engaged, and it must
specify the dates, for which work authorization is being requested; no
more than three years on initial applications, one year on all
subsequent petitions.
- A written consultation /advisory opinion from a peer group, or
recognized expert, in the field in the individual's area of ability.
An example might be a letter(s) of support from a renowned
researcher(s), as evidenced by detailed curriculum vitae and
publication list; that attest to the qualifications and work to be
done by the O-1 petitioner.
- Evidence that the professor or researcher is recognized nationally
and internationally as outstanding in their academic field. This
evidence should consist of at least three (or more) of the following:
- Receipt of major prizes or awards for outstanding achievements in
the academic field;
- Membership in academic associations which require outstanding
achievements of their members;
- Participation on a panel, or individually, as the judge of the work
of others in the same or an allied field;
- Citations in professional publications, written by others about the
individual's work in the field;
- Authorship of scholarly books or articles, in journals with
international circulation, in the field;
- Original scientific or scholarly research contributions to the
academic field;
- Evidence of previous employment in a critical or essential capacity
for organizations having a distinguished reputation (e.g. NSF or
Department of Defense research grants);
- Evidence of high salary or other significantly high remuneration for
services in relation to others in the field.
What type of visa will family members hold?
The spouse and unmarried children under the age of twenty-one may apply
for O-3 visa status in order to accompany the O-1 visa holder to the US.
O-3 visa status does not confer authorization for employment in the US.
Can the individual work for more than one employer?
The answer is yes. If the individual works for more than one employer
at the same time, each employer must file a separate petition with the
INS.
Can the individual change employers?
Yes, but a new petition must be filed by the new employer.
What would happen if the employment of the O-1 holder is terminated?
If the employment is terminated for reasons other than voluntary
resignation, the employer is liable for the reasonable cost of return
transportation of the individual to his/her last place of residence prior
to entry into the US.
What if the O-1 visa applicant has a permanent labor certification or
has filed a preference petition for permanent residence?
BCIS regulations state that the approval of a permanent labor
certification or filing of a preference petition for permanent residence
shall not be a basis for denying an O-1 petition, a request to extend such
a petition, or the alien’s application for admission, change of status,
or extension of stay. [8CFR 214.2(o)(13)]
Is J nonimmigrant who is subject to the 2-year
foreign residence requirement, required to fulfill this requirement or
obtain a waiver of this requirement before holding O nonimmigrant status?
The answer is NO. S/he would, however, be ineligible for changing
his/her J-1 nonimmigrant status in the US, and must travel outside the US
to apply for and obtain an O nonimmigrant visa to return for employment.
According to the BCIS correspondence, J-1 nonimmigrant in valid status
qualifies as an individual of extraordinary ability, "may (1) have an
O-1 nonimmigrant visa petition approved on his or her behalf and (2)
proceed abroad and apply for and receive from the State Department an O-1
visa, without first having to fulfill the two-year foreign residence
requirement or obtain a waiver thereof." ( Interpreter Releases, Vol.
71, No. 39, Oct.7, 1994 8. INS Discusses § 212(e)
Bar for J Aliens Who Qualify as O-1s [71 IR 1360]).
For further information and how to apply for an O-1 at Yale University,
please contact Wang at OISS.
