Information for WHOI Sponsors

O-1 Workers of extraordinary ability

General Information

The O-1 visas are available to applicants who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and who are coming temporarily to the United States to continue work in the area of extraordinary ability. Employment under the O classification is employer specific, but it is possible to have multiple employers as long as each employer files a separate O-1 petition.

The O-1 visa holder may remain in the US until the event; project or activity for which the alien is admitted is completed. The initial period of stay can be sought for three years. Extensions, in one-year increments may be granted indefinitely provided the need for continued employment exists. The employer is responsible for return cost of transportation to the alien's last place of residence if the alien is terminated before the petition period ends.

Aliens subject to 212 (e) two-year home country residence requirements are eligible for O-1 classification. It is not possible to change from J status to O status in the U.S., they must apply for an O visa abroad and re-enter the United States in 0-1 visa status.

Extraordinary Ability

Extraordinary ability means a level of expertise indicating that the individual is one of those small percentages who have risen to the very top of the field of endeavor. In order to qualify the applicant must furnish evidence to show that he or she has sustained national or international acclaim and that his or her achievements have been recognized in the field of expertise. Extraordinary Ability may be demonstrated by evidence of a one-time achievement (such as a major, internationally recognized award), or evidence of at least three of the following:

• Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field;
• Membership in associations which require outstanding achievement of their members, as judged by recognized national or international experts in the field;
  
• Published material in professional or major trade publications written by others about the scholar's work in the field. (Such material shall include the title, date, and author of the material, and any necessary translation, and should include analysis or discussion of the scholar's work, not simply a reference ;)
  
• Participation on a panel, or individually, as a judge of the work of others in the field of specialization;
  
• Original scientific, scholarly, artistic, athletic or business-related contributions of major significance in the field;
  
• Authorship of scholarly books or articles in the field;
  
• Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
  
• Evidence that the applicant has commanded a high salary or other significantly high remuneration for services in relation to others in the field.
  
• A written advisory opinion from a "peer group" attesting to the applicant's outstanding qualifications is also required.
  

If the above standards do not readily apply to the applicant's occupation, the petitioner may submit comparable evidence to establish eligibility.