O-1 Extraordinary Ability
or Achievement
What is the 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."
Qualifying for the O-1 Visa
Under federal law there are three different standards for the O-1 category:

the most exacting standard applies to those individuals in the sciences, education,
business and athletics;

a much less rigorous standard applies to individuals in the arts;

an intermediate standard applies to individuals in the motion picture or TV
industries.

The O-1 visa category is reserved for those individuals who have risen to the very
top of their fields of endeavor and can provide documentary evidence to
substantiate this claim.
Employment is position, employer, and
date specific:
O-1 visa classification is granted by the USCIS. The employer must submit a petition
that is employer and position specific to USCIS on behalf of the employee. The
foreign national granted O-1 visa classification will be authorized by USCIS to
be employed only by the employer that submitted the O-1 application and only
for the time period and the position, event or activity for which the USCIS
granted approval. The employee may not commence employment prior to the date
authorized by USCIS and must terminate employment no later than the date
authorized.
Working for another employer
If the O-1 foreign worker wishes to change her/his employer,
the new employer must file another O-1 petition and is not
permitted to employ the foreign worker until it has received
approval from USCIS for its O-1 application. If the individual
works for more than one employer at the same time,
each employer must file a separate petition with the
USCIS.
Duration of O-1 Visa Classification
There is no statutory limit on the period of time an individual may
remain in the U.S. in O-1 visa status. However, the initial
authorized period of stay will not be approved for more than
three years. Extensions of stay, in one year increments, can be
granted as long as the individual is continuing in the same
position or activity for which they were originally granted O-1
status.
J-1 Two Year Foreign Residence
Requirement
The J-1 may be subject to the requirement and still apply for the O-1
visa outside the US. According to USCIS correspondence, a J-1
nonimmigrant in valid status who 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."
Obtaining O-1 Status
Departments willing to sponsor an employee for O-1 status
should consult with a qualified immigration attorney. The
attorney will need to work with Martyn Miller in ISSS for the
I-129 signatures. ISSS maintains a list of attorneys who have
been referred to our office
[www.temple.edu/isss/immigration/attorneys-referred.html]