O-1 Visa – Individuals with Extraordinary Ability

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 1year 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 any additional questions, please email ICS at HR-ICS@ufl.edu

Eligibility

To qualify, an international employee with extraordinary ability or achievement in the sciences, education, business, and athletics must meet the following criteria provided by the USCIS:

The supporting documentation for an O-1A petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

Documentation of the beneficiary’s receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
Documentation of the beneficiary’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 beneficiary, relating to the beneficiary’s work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;
Evidence of the beneficiary’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 for which classification is sought;
Evidence of the beneficiary’s original scientific, scholarly, or business-related contributions of major significance in the field;
Evidence of the beneficiary’s authorship of scholarly articles in the field, in professional journals, or other major media;
Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or
Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence.

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:

Position title
Offered salary
CV
Google Scholar Citation Report
List of journals they have reviewed for and total number of articles reviewed

Types of Cases

Change of Status

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.

Not all J status holders are subject to the Two-Year Home Residency Requirement.

Extension

UF is permitted to apply for O-1 approval for periods of up to 3 years initially. An extension can be requested through additional petitions in 1-year increments. There is not a limit on the number of times an O-1 can be extended.

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.

Amendment

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.

Change of Employer/Transfer (Portability)

If a hiring department wishes to sponsor an individual who is already in the U.S. in O-1 status through another employer, UF must file a petition for change of employer with USCIS. The international employee must maintain their current O-1 employment in order 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.

Per UF policy, the international employee can only begin employment at UF once we receive the electronic “USCIS Email Approval Notification” from Fragomen AND the start date occurs.

Consular Processing

If the international employee is abroad, this would be a case for consular processing. With the original approval notice, the international employee will apply for the O-1 visa stamp at the US Consulate/Embassy abroad. 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.

POE (Port of Entry)/PFI (Pre-Flight Inspection)

Typically 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.

Process & Timeline

Step 1: Department completes and submits case initiation in Fragomen Portal

The department will be responsible for gathering all the information and documentation and initiating the case in the Fragomen Connect Portal.

Step 2: ICS Review and analysis of case initiation questionnaire (1 to 2 weeks)

ICS will perform a review of the information and documentation provided. We will reach out to the department with any questions. Once the application is complete, ICS approves and submits the questionnaire to Fragomen.

Step 3: Preparation of the O-1 Petition (2 to 3 weeks)

Once the questionnaire has been reviewed and submitted by ICS, Fragomen will prepare the USCIS filing to Petition for a Nonimmigrant Worker and supporting documents. ICS reviews and has the petition signed and returns to Fragomen for filing.

This step may take longer since Fragomen does prepare applications based on start date/expiration date.

Step 4: USCIS Processes O-1 (15 days to 12 months)

The current processing times for O-1 petitions 8 to 12 months. USCIS does post processing time information on their website, but that may not always be the most up to date information.

Under “Premium Processing,” USCIS will adjudicate (i.e., approve, deny, or issue a Request for Evidence (“RFE”) the petition within 15 calendar days.

Step 5: Approval Notice (1 to 2 weeks)

The original approval notices are sent from USCIS to Fragomen. Fragomen notifies ICS when they receive the notice as well as forwarding the original notice to our office. Once ICS receives the approval notices, we email the department with information on collecting the original notice.

Additional time should be considered for cases involving an international employee currently abroad (consular processing cases) or traveling abroad requiring a new visa, including processes with the Department of State for visa appointments, visa interviews, and additional administrative processing.

Fees

USCIS filing fees:

O-1 Filing Fee – required
Premium Processing (PPS) fee – required for new to UF O-1 petitions
- Why PPS? Under Premium Processing, USCIS will adjudicate the petition within 15 days of them receipting the petition. Adjudication can be one of 3 actions: approval, denial, or request for evidence (RFE). In the event of an RFE, the 15-day count starts over after the response to the RFE is received.

Fragomen legal fees:

$5,250 Fragomen legal fee for case processing for initial UF O-1 employees, extensions and amendments the Fragomen legal fee is $3,750
Request for Evidence response fees: determined at time of RFE
Additional Rush fees – cases submitted with less than a certain number of days until the requested start date are subject to additional Rush fees. Rush fees are an employer fee. Cases requiring Rush fees should be discussed with ICS prior to initiation submission.
Additional service provided – if needed, Fragomen will advance the filing fees for the department. There is an additional $100.00 processing fee if you use this service.

For more detailed information on fees, please refer to the “ICS Fees and Rush Chart” link under the Resources section on our website.

Frequently Asked Questions

How long can an international employee be in an O-1 status?

The O-1 status is initially requested for 3 years and can be extended in 1 year increments with no maximum limits.

How soon after filing an O-1 petition can an international employee start to work?

Change of Status – An international employee can begin working on O-1 status once the department has the approval notice in hand and the start date as 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 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.
Change of Employer – If the international employee is already in O-1 status with another employer, UF policy states they may begin to work once the department has received the electronic approval email from USCIS. It is not advisable to leave their prior employment too soon.
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 they have been admitted to the U.S. in O-1 status. 
Amendment – If the international employee is changing employment conditions (title, duties, full time equivalency, worksite in a different county), they may begin work once Fragomen submits the petition to USCIS, and the requested start date has occurred.

What if the international employee’s job responsibilities change or they have to switch from one job location to another?

If the international employee has a material change in job responsibilities (including promotions, FTE, etc.) and/or there is a change in location that is outside of their geographical area (i.e., city or metropolitan statistical 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, prior to 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.

How is O-1 status extended?

O-1 extensions can be filed with USCIS up to 6 months before the expiration date of the current O-1 status. ICS will need additional time to review and process the application.  If an extension application to continue an international employee’s current O-1 employment is filed prior to expiration of the current authorized stay, they may be eligible for continuous work authorization for up to 240 days while the application is pending. 

Can an international employee continue working if their O-1 Extension has not been approved by the time the current O-1 expires?

If an extension application to continue an international employee’s current O-1 employment is filed prior to expiration of the current authorized stay, they may be eligible for continuous work authorization for up to 240 days while the application is pending. 

How does an international employee or department check the status of a case after it has been filed with USCIS?

USCIS allows you to check the status of a case by using their online Case Status tool. Please utilize this link to track the status of your application : Case Status Online – Case Status Search (uscis.gov)

When will the international employee receive their I-797 Approval Notice?

Once USCIS approves the international employee’s petition, they will forward the I-797 Approval Notice to Fragomen. Please note that it can take anywhere from several days to several 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.

When should the department request the filing fee checks?

Since checks are only valid for 6 months, please request the checks no earlier than 6 months prior to the desired start date.

Who are the filing fee checks made out to?

The filing fee checks should be made payable to: U.S. Department of Homeland Security Citizenship and Immigration Services 24000 Avila RD RM 2302 Laguna Niguel, CA 92677 United States

The O-1 extension petition is filed under regular processing. Can an international employee travel internationally?

After the current O-1 expiration date an international employee can only travel abroad/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 for extension cases premium processing is not needed. The international employee can continue employment up to 240 days while their extension petition is pending. It takes at least 8 months for Fragomen to receive the approval notice from USCIS 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 this fee ($2,500) if it is needed for employment purposes (work travel), otherwise the international employee can pay this fee for personal reasons. There would be legal fees for upgrading the petition as well.

Can an international employee get paid for outside conferences and/or complete work outside of their O-1?

An O-1 employee is not permitted to accept payment for any activity or services rendered outside of the approved O-1. The international employee is permitted to receive reimbursement for travel expenses/living expenses associated with an activity. They should keep a list detailing the expenses and how the money was applied in case they must prove 100% went towards travel and associated expenses related to this outside activity.

Can an international employee pursue green card while on O-1?

Although O-1 status does not have a foreign residence requirement, an international employee cannot apply for permanent residency while maintaining O-1 status.

Can an O-3 dependent work?

No, O-3 dependents are not eligible for work authorization. 

Can an O-3 dependent volunteer?

It depends. An O-3 cannot volunteer for a for-profit company. An O-3 can volunteer for a nonprofit or local organization where everybody would in a similar position of volunteering and as long as the work would not otherwise be paid.

O-3s cannot volunteer at UF.

Can an O-3 dependent attend school?

Yes, O-3 dependents may attend school.

How long can a dependent child be in O-3 status?

An unmarried child can be in O-3 status as long as they are under the age of 21 and their parent is maintaining their O-1 status.

O-1 Visa – Individuals with Extraordinary Ability

Frequently Asked Questions

Resources

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