O-1 Status
O-1 status is designed for those foreign nationals who have and can prove “extraordinary ability in science, education, business or athletics.”
O-1 status can be requested for the duration of a project, but it cannot be requested for more than an initial 3 year period. Please note that all extensions are granted in increments of only 1 year.
The beneficiary must prove evidence of extraordinary ability or sustained international or national acclaim. This can be done by showing receipt of a major internationally recognized award, such as a Nobel Prize, or by documenting at least 3 out of 8 criteria. O-1 extensions must include additional evidence proving the continuing extraordinary ability of the foreign national.
O-1 Criteria
According to immigration regulations, O-1 visas are designed for those foreign nationals who have and can prove “extraordinary ability in science, education, business or athletics.”
An O-1 alien of extraordinary ability in the field of science must meet at least 3 of the following forms of documentation:
- Documentation of the alien’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Documentation of the alien’s membership in associations in the field for which classification is sought, which require outstanding achievements of their members; as judged by recognized national or international experts in their disciplines or fields
- Published material in professional or major trade publications or major media about the alien, relating to the alien’s work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation
- Evidence of the alien’s participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought
- Evidence of the alien’s original scientific, scholarly, or business-related contributions of major significance in the field
- Evidence of the alien’s authorship of scholarly articles in the field, in professional journals, or other major media
- Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
- Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence
Note: Many O-1 employees are also eligible for H-1B status, so often NC State University will prepare an H-1B petition instead of an O-1 petition.
To Initiate an O-1 Petition
The department/unit needs to access the GlobalHome portal to initiate an O-1 petition and complete the electronic forms and upload all requested documents to IE for processing. To gain access to the portal, please follow the instructions in the Department HR User QuickStart Guide.
For a quick list of documents that will be needed from the unit, as well as information about the addresses that will be needed for the FedEx label and the AP check request process, please click on the Department HR User Checklist, the Immigration Fees Chart, and the FedEx Address Chart. Please note that NO checks should be mailed directly to USCIS; please indicate on the check request form that Jill Blitstein will pick-up the check when it is ready.
The sponsored employee needs to fully complete the requested information in the GlobalHome portal, and upload ALL requested documents for processing. To get access to the portal, an existing employee should follow the instructions in the Current NC State Employee QuickStart Guide and a new employee should follow the instructions in the New Hire QuickStart Guide. For a list of documents that will be needed, the employee should review the All Employee Users Checklist and the Immigration Fees Chart. General information (created by IE) about the I-539 Application to Extend/Change Nonimmigrant Status for family members is available in this guidance document.