O-1 nonimmigrant status is for temporary workers who possess extraordinary ability in the sciences, arts, business, or education. Extraordinary ability is defined by the US Citizenship and Immigration Services as ability that shows an international employee is “one of the small percentages who have arisen to the very top of the field.”
O-1 status can be initially valid for up to 3 years and can be extended in 1 year increments with no maximum limits. It is UF’s policy to request O-1A’s for an initial period of 3 years.
International employees in J-1 or J-2 status who are subject to the two-year home residency requirement are eligible for O-1 status without having to meet the foreign residence requirement or have the requirement waived. An international employee with the two-year home residency requirement cannot change status to O-1 inside the U.S. They will be required to obtain their O-1 through consulate processing. However, the O-1 is not a waiver. A waiver or fulfillment of the two-year home residency is required eventually in order to be eligible for permanent residency and long-term employment.
For O-1 sponsorship, the international employee needs to meet specific criteria defined by the USCIS. The criteria includes evidence of major internationally recognized awards (such as Nobel Prize) or at least three of the following:
In order to assess an international employee’s eligibility for O-1 sponsorship, the sponsoring department will need to provide ICS with the following information:
If an international employee is currently in the US in a valid nonimmigrant status (H-1B, H-4, J-1, J-2, F-1, F-2, etc., but NOT B-1/B-2) the status can be changed to O-1. The international employee can begin working on O-1 status once the department has the approval notice in hand and the start date as occurred.
International employees currently working at UF under another status (J-1 or F-1 OPT) can continue to work under that status until the O-1 status is approved and the start date is effective or that other status ends, whichever occurs FIRST. If the petition is submitted to USCIS during the F-1 or J-1 grace period, the international employee is eligible to remain in the US but not eligible to work or volunteer.
International employees in J-1 or J-2 status who are subject to the two-year home residency requirement are eligible for O-1 status without having to meet the foreign residence requirement or have the requirement waived. An international employee with the two-year home residency requirement cannot change status to O-1 inside the U.S. They will be required to obtain their O-1 through consulate processing. However, the O-1 is not a waiver. A waiver or fulfillment of the two-year home residency is required eventually in order to be eligible for permanent residency and long-term employment.
Not all J status holders are subject to the Two-Year Home Residency Requirement
O-1 status is initially granted for 3 years and can be extended in 1-year increments with no maximum limits.
The desired start date will be the day after the previous O-1 expires. The employee may continue working for up to 240 days and reside in the US as long as the O-1 extension was filed BEFORE the current O-1 expiration. The 240-day period commences on the day following the expiration of the previous USCIS approval. If the petition were to be denied within that 240-day period, the employment authorization would end on that day.
Departments must consult with ICS prior to changing any terms of the O-1 employment (i.e., when there is a change in the employee’s job title, duties, worksite location, FTE, etc.) for existing employees to determine whether an amended petition is required.
If an amendment is required, the employee can begin the new working conditions once the petition is submitted to USCIS and the requested start date has occurred.
UF must file a petition for a change of employer with USCIS. The international employee can begin working at UF once the department has the approval notice in hand and the start date has occurred.
The international employee must maintain their current O-1 employment to be eligible for an O-1 transfer.
However, there is a 60-day grace period for those whose employment is terminated prior to their O-1 expiration date, which will enable them to extend, change or otherwise maintain status or prepare to depart the United States. We would advise there be no gap in employment to be safe. The 60-day grace period can be less depending on the O-1 expiration date. It is a 60-day grace period OR the date the O-1 actually expires – whichever comes first.
If the international employee is abroad, they can apply for an O-1 visa stamp at the US Consulate/Embassy
with the original approval notice . The international employee will not be invalid O-1 status until entering the US and presenting the original O-1 approval notice (Form I-797) and passport containing the O-1 visa stamp. International employees may enter the US as early as 10 days prior to the approved start date.
Upon entry, the international employee must provide the department a copy of their O-1 visa stamp and their electronic I-94. The department must forward copies of these documents to ICS.
Reserved for Canadian Citizens. Canadians are not issued O-1 visa stamps in their passports. With the original approval notice, the international employee will seek entry into the US either via land or air.
Upon entry, the international employee must provide the department a copy of their O-1 entry stamp and their electronic I-94. The department must forward copies of these documents to ICS.
Please note that the duration of this step may vary, as Fragomen’s preparation depends on the specific start date and expiration date of the case.
There are various fees associated with the O-1 visa:
The O-1 status is initially requested for 3 years and can be extended in 1-year increments with no maximum limits.
Change of Status: An international employee can begin working on O-1 status once the department has the approval notice and the start date has occurred. If the international employee is currently working at UF under another status (J-1 or F-1 OPT), they can continue to work under that status until the O-1 status is approved or until that other status ends, whichever occurs FIRST.
Consulate Processing: If the international employee is outside the United States, they may not begin their employment until they have obtained an O-1 visa stamp in their passport and have been admitted to the U.S. in O-1 status.
Change of Employer: UF must file a petition for a change of employer with USCIS. The international employee can begin working at UF once the department has the approval notice in hand and the start date as occurred.
The international employee must maintain their current O-1 employment to be eligible for an O-1 transfer.
However, there is a 60-day grace period for those whose employment is terminated prior to their O-1 expiration date, which will enable them to extend, change or otherwise maintain status or prepare to depart the United States. We would advise there be no gap in employment to be safe. The 60-day grace period can be less depending on the O-1 expiration date. It is a 60-day grace period OR the date the O-1 actually expires – whichever comes first.
Amendment: If the international employee is changing employment conditions, they may begin work once Fragomen submits the petition to USCIS, and the requested start date has occurred.
If the international employee has a material change in job responsibilities or a change in location outside of their geographical area, UF will need to file an amended O-1 petition on their behalf. Any change in job location or job duties should be brought to the attention of their department liaison before accepting the change in employment. The amendment will need to be filed with USCIS prior to any changes in the international employee’s employment. They can begin the new working conditions once the petition is submitted to USCIS and the requested start date has occurred.
O-1 extensions can be filed with USCIS up to 6 months before the expiration date of the current O-1 status. If an extension application is filed before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.
If an extension application is filed before the current authorized stay expires, the international employee may be eligible for continuous work authorization for up to 240 days while the application is pending.
Check the case status using USCIS’s online Case Status tool. Case Status Online
Once USCIS approves the international employee’s petition, they will forward the I-797 Approval Notice to Fragomen. Please note that it can take several days to weeks for USCIS to mail the approval notice to Fragomen. Once Fragomen receives the approval notice, they will prepare an approval packet and send it to ICS via FedEx. Once received, ICS will notify the department to pick up the original approval notice. The department will then forward the approval notice to the international employee.
Since checks are only valid for 6 months, please request the checks no earlier than 6 months prior to the desired start date.
The filing fee checks should be made payable to U.S. Department of Homeland Security.
After the current O-1 expiration date, an international employee can only travel abroad and re-enter the U.S. after they receive the O-1 extension approval notice. UF may file the O-1 Extension under Regular Filing because premium processing is not needed for extension cases. The international employee can continue employment for up to 240 days while their extension petition is pending. It can take up to 8 months for USCIS to approve the petition under regular processing. In addition, the O-1 Petition can be filed no earlier than 6 months before the requested start date.
There is a possibility of upgrading the petition to include Premium Processing. The department must pay the fee for Premium Processing if it is needed for employment purposes, such as work-related travel. Otherwise, the international employee can pay this fee for personal reasons. There would be legal fees for upgrading the petition as well.
An O-1 employee is not permitted to accept payment for any activity or services rendered outside of the approved O-1. They are permitted to receive reimbursement for travel expenses and living expenses associated with an activity. The international employee should keep a list detailing the expenses and how the money was applied in case they must prove that 100% of the funds went towards travel and associated expenses related to this outside activity.
While on O-1 status, an international employee must have the intent to depart the US. There is no dual intent while in O-1 status. Applying for permanent residency while on O-1 status can lead to problems when trying to extend O-1 status or when traveling outside the US.
No, O-3 dependents are not eligible for work authorization.
It depends. An O-3 cannot volunteer for a for-profit company. They can volunteer for a nonprofit or local organization, as long as the work is similar to volunteering and not otherwise paid. O-3s cannot volunteer at UF.
Yes, O-3 dependents may attend school.
An unmarried child can be in O-3 status as long as they are under the age of 21 and their parent is maintaining O-1 status.