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O-1 Persons of Extraordinary Ability
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O-1 Persons of Extraordinary Ability Definition and Eligibility O-1 temporary workers are defined as persons who possess extraordinary ability, who are among the one or two percent of individuals who have risen to the very top of their field of endeavor, and who are coming to the United States to continue work in the area of extraordinary ability on a temporary basis. The O-1 non-immigrant status can be used to bring temporary faculty members, researchers, consultants, administrators, or individuals engaged in a variety of professional-level activities to the United States. This is NOT a non-immigrant status for those who demonstrate POTENTIAL for rising to the very top of their field of endeavor. The O-1 is employer specific; the employee may only work for the employer who filed the O-1 petition and can only perform the job included in the petition (concurrent employment is possible, if each employer has an approved O-1 petition). O-1 status may be initially granted for a period of three years. Extensions may be obtained in one-year increments only. There is no defined limit to the period of stay in the U.S. as there is for H-1B non-immigrants. O-1 versus J-1 and H-1B visas The O-1 non-immigrant status is often used to employ foreign nationals who hold J-1 non-immigrant status and who are subject to the 2-year home country residence requirement. It may also be used instead of H-1B status if the foreign national has exhausted all time in H-1B non-immigrant status or will not qualify for the H-1B non-immigrant status due to testing requirements for International Medical Graduates (IMGs), for example. J-1s who are subject to the 2-year home country residence requirement will NOT be able to change their non-immigrant status within the U.S. MSM will submit a petition for O-1 non-immigrant status to the U. S. Citizenship and Immigration Services (USCIS) and, if the petition is approved, the J-1 then must leave the U.S. and apply for an O-1 visa stamp at a U.S. consulate or embassy overseas (Canada or Mexico may be an option). Return transportation costs to the country of last residence must be paid by the sponsoring department if the foreign national is terminated before the O-1 non-immigrant status expires. The O-1 petition may be filed up to six (6) months prior to the employment start date. An individual may enter the U.S. with in O-1 non-immigrant status 10 days prior to the start date of the approved petition, but he/she may not begin work until the effective date of the petition. The spouse and unmarried minor (under age 21) children of an O-1 worker are granted O-3 non-immigrant status. Applications for O-3 non-immigrant status should be included in the petition for the O-1 worker, if the dependents are in the U.S. Dependents in O-3 non-immigrant status are not eligible for employment, but may attend school part- or full-time. back to top Procedures for Hiring O-1 Employees at MSM Begin the O-1 process at least six months prior to the requested O-1 employment date. After determining that the person qualifies for O-1 non-immigrant status, the department should fill out the O-1 request form and collect the supporting documentation as indicated on the O-1 checklist (part of the O-1 request form), and then submit the packet of materials to the OIPS. The department should coordinate with the foreign national the gathering of supporting documentation for the O-1 request form, as it is likely that the department will not have all the required documents in its files. Once submitted, the OIPS will review the packet of documents for completeness and contact the department or foreign national if additional information is required. Photocopies of original documents may be submitted, but original documents must be available for inspection by the U.S. Citizenship and Immigration Services (CIS) upon request of that agency. Any documents in a foreign language must be accompanied by an English translation. The translator must certify the accuracy and thoroughness of the translation and his or her competency in the language to be translated and English; this statement must be notarized. Credentials from less well-known foreign academic institutions should be evaluated for U.S. degree equivalency by a recognized credentials evaluation service. After receiving all requested documents, OIPS requires one month to file the O-1 petition with USCIS. Once received by USCIS, the petition is normally processed in three months; unexpected delays, however, do occur. All O-1 requests, therefore, should be submitted at least five months before the official beginning date of employment. Employment cannot begin without final O-1 approval unless the individual is already in a valid status which allows employment at MSM. The O-1 approval is granted on USCIS Form I-797 and a new Form I-94: Departure Record is issued. Persons unable to change to O-1 status inside the country will have to apply for an O-1 visa at a U.S. consulate abroad once the petition has been approved, and will have to undergo security clearances. For faculty appointments processed through the Dean’s office OIPS will submit the department’s documentation directly to the Dean’s office for institutional processing and eventual placement on payroll. back to top |