O-1 Visa Category
The O-1 status is designed for those who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. “Extraordinary ability” is defined as 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”. [8 CFR 214.2(o)(3)(II)]
Quick Overview:
- International Faculty Advising (IFA) will consider the O-1 non-immigrant status on a case-by-case basis at the request of a Dean, Chancellor, or Department Head
- Merely submitting the minimum amount of documentation does not mean the O-1 is approvable
- A postdoctoral fellow/associate is almost never approvable
- An employer/employee relationship between Penn State and the beneficiary is required, which includes remuneration and supervision
- Must be temporary, with initial request not to exceed three (3) years
- May request extensions in one (1) year increments indefinitely
- A J-1 subject to the two (2) year home residency requirement can enter the U.S. in O-1 status but cannot change status inside of the U.S.
- At this time, International Faculty Advising (IFA) does not have the ability to prepare O-1 petitions in-house, which means that the faculty member must work with a qualified immigration attorney to prepare all supporting evidence and letters for the O-1 petition. From there, our team will receive the materials from the faculty member or their attorney and prepare the I-129 petition to submit to USCIS.
How to Sponsor Someone:
- The designated department contact must enter the request into iStart
- International Faculty Advising submits a petition to USCIS
- Upon approval, the employee either changes status inside of the U.S. or applies for an O-1 visa stamp at a U.S. Embassy and enters the U.S.
Required Documentation
- A written advisory opinion (consultation) from a peer group or individual(s) with expertise in the field
- A contract or summary of the terms of employment
- Evidence that the beneficiary has received a major, internationally recognized award, such as a Nobel Prize, or evidence of at least three (3) of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
The O-1 status is designed for those who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation. “Extraordinary ability” is defined as 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”. [8 CFR 214.2(o)(3)(II)]
Quick Overview:
- International Faculty Advising (IFA) will consider the O-1 non-immigrant status on a case-by-case basis at the request of a Dean, Chancellor, or Department Head
- Merely submitting the minimum amount of documentation does not mean the O-1 is approvable
- A postdoctoral fellow/associate is almost never approvable
- An employer/employee relationship between Penn State and the beneficiary is required, which includes remuneration and supervision
- Must be temporary, with initial request not to exceed three (3) years
- May request extensions in one (1) year increments indefinitely
- A J-1 subject to the two (2) year home residency requirement can enter the U.S. in O-1 status but cannot change status inside of the U.S.
- At this time, International Faculty Advising (IFA) does not have the ability to prepare O-1 petitions in-house, which means that the faculty member must work with a qualified immigration attorney to prepare all supporting evidence and letters for the O-1 petition. From there, our team will receive the materials from the faculty member or their attorney and prepare the I-129 petition to submit to USCIS.
How to Sponsor Someone:
- The designated department contact must enter the request into iStart
- International Faculty Advising submits a petition to USCIS
- Upon approval, the employee either changes status inside of the U.S. or applies for an O-1 visa stamp at a U.S. Embassy and enters the U.S.
Required Documentation
- A written advisory opinion (consultation) from a peer group or individual(s) with expertise in the field
- A contract or summary of the terms of employment
- Evidence that the beneficiary has received a major, internationally recognized award, such as a Nobel Prize, or evidence of at least three (3) of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- If the above criteria do not readily apply to the beneficiary’s occupation, the petitioner may submit comparable evidence in order to establish the beneficiary’s eligibility.
