Information for WHOI Sponsors

Basic Procedures

In the case of an O-1 visa, the employer is always the petitioner and it is the Responsible Officer or Alternate Responsible Officer who signs the petition sent to the U.S. Citizenship and Immigration Services [formerly known as Bureau of Citizenship and Immigration Services (BCIS) and Immigration and Naturalization Service (INS)] on behalf of the Institution. The Responsible Officer or an Alternate Responsible Officer works directly with the Institution's Immigration Attorney and the foreign national to process all O-1 visa petitions and extensions.

Although the processing time for an O-1 visa is somewhat less than the processing time for an H-1B, a minimum of three to four months lead time should still be given to allow sufficient time to obtain the necessary supporting documentation and to complete the application process.

• Once the determination is made that the alien qualifies under the regulatory definition of "outstanding", supporting documentation is assembled. In addition, an advisory opinion from a "peer group" must be obtained.
  
• The employer then files Form I-129 "Petition for temporary worker" along with all supporting documentation to the USCIS Service Center having jurisdiction over the place of employment.
  
• If USCIS approves the petition, the alien can obtain O-1 status through visa application process or change of status procedures.
  

Procedure to file for an Extension of Stay of O-1 Status

Extensions, in one-year increments may be granted indefinitely provided the need for continued employment exists. A petition for an in-country extension of stay may be filed up to 6 months prior to the expiration of the current petition. If the purpose of the extension is to complete the same activity as described in the original petition, the petitioner only needs to file:

• Form I-129 and O Supplement to Form I-129
  
• Letter requesting the extension including the need/purpose for the extension
  
• Applicable filing fee
  
• Documents establishing the current O-1 status (copy of Form I-94 and current and all prior O-1 I-797 approval notices.
  
• Although not required by regulation, the USCIS may request supporting documents of the alien's qualifications and the advisory opinion/consultation.
  

WHOI Policy

As with the H-1B visa, it is the policy of the Woods Hole Oceanographic Institution to generally sponsor O-1 visa petitions on behalf of its Scientific and Technical Staff.