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Hiring an O-1 Employee
Hiring an O-1 Employee
The O-1 status is awarded to individuals (professors and researchers) of extraordinary ability in the fields of science, education, business or athletics.These individuals represent a small percentage who have risen to the very top of their field of endeavor and who are in the United States on a temporary basis to work in their field of endeavor. Immigration Affairs will determine if the O-1 is an appropriate classification and whether the foreign national has the necessary evidence to support a non-frivolous petition.
This is an employment based category and as such, requires an offer of employment. Because the O-1 status is employer specific, the O-1 holder may only work for the employer that petitioned USCIS for his or her O-1 status.
Duration of Stay
The initial period for an O-1 is 3 years with 1-year extensions thereafter.
Documentation Required
In addition to the checklist Immigration Affairs will send through Tracker, the employee should be prepared to provide the following as evidence of his/her extraordinary ability. The employee must present evidence to show that he is in receipt of a major internationally recognized award OR at least 3 of the criteria listed below. Evidence should be provided in duplicate hard copy to Immigration Affairs.
Receipt of a nationally or internationally recognized prize or award for excellence in the field of endeavor;
Membership in an association in the academic field which requires outstanding achievements of their members – no open memberships;
Published material in a professional or trade publication newspaper or other major media about the beneficiary and his/her work in the field;
Participation on a panel, or individually, as the judge of the work of others in the same or an allied field;
Original scientific or scholarly contributions of major significance in the field;
Authorship of scholarly books or articles in scholarly journals or other major media in the academic field;
A high salary or other remuneration for services as evidenced by contracts or other reliable evidence;
Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
Evidence may be supported by letters from experts in the field attesting to the reputation and achievements of the foreign national. This form of evidence can support and strengthen the O-1 petition.