General Request Process

Step 1: Begin gathering documentation from your department and the employee.

Please carefully review the Documentation Details to be sure you gather all the necessary information.

Be sure to give the O-1 Information Form to the foreign national to fill out and return. It must be included in the packet you submit to ISSS.

Photocopies of original documents may be submitted, but original documents must be available for inspection by the U.S. Citizenship and Immigration Services (USCIS) upon request.

Any documents in a foreign language must be accompanied by an English translation. The translator must certify the accuracy of the translation and his or her competency in the language to be translated and English. This statement must be notarized.

Credentials from less well-known foreign academic institutions should be evaluated for U.S. equivalency by a recognized credentials evaluation service (for a listing of some services click here)

Step 2: Supervising faculty member must complete the Deemed Export Control Attestations.

The supervising faculty member must complete the attestation. Under Quick Links print off the Deemed Export Control Attestation packet, read the cover memo for instructions, complete the decision tree and if no license is required, initial and date the Decision tree and sign off on the I-129 Internal Certification certifying that no license is required. The I-129 Decision Tree and the I-129 Internal Certificate must be submitted with the O-1 request.
If the faculty supervisor determines through the decision tree that a license may be required, then s/he must complete the Deemed Exports Questionnaire and submit to your unit’s Export Controls Coordinator (See http://www.orc.emory.edu/export_control/index.cfm for a list of area or unit Export Controls Coordinators). Questions about Export Controls Regulations should be directed to your area or unit Export Controls Coordinator or to the Office of Research Compliance (orc@emory.edu). Please keep in mind that filing for export licenses takes time (45-90 days after license application) for approval from the government after filing. Until the license is received the supervising faculty member must prevent access to the controlled technology or technical data by the O-1 employee until and unless the petitioner has received the required license or other authorization to release it to the O-1 employee.

Step 3: Fill out and submit Peoplesoft DRF request.

Obtain access to the ISSS functions in Peoplesoft. Navigate to http://emory.hr.emory.edu/eu/managerstoolkit/index.html, click on “HR Data Access Requests”, and follow the instructions. Be sure to check “ISSS functions” on the list. (note: this must be done by the department representative. The O-1 may not access the ISSS functions in Peoplesoft.)

Download instructional Powerpoint presentation at http://www.emory.edu/ISSS/admins/h1b/new.html.

Access Peoplesoft at https://psofthr.cc.emory.edu and log in using your assigned log-in and password

Complete the on-line request form according to the instruction manual (item 2), for prospective/continuing employees in H-1B1, TN, or O-1 status.

After electronic submission of DRF, please print out a copy of the DRF and a copy of the Compliance Form by clicking on the Generate DRF Form and Generate Compliance Form tabs on the Notes/Submission page of the DRF, and collect appropriate signatures on the Compliance Form, to include:

Departmental Supervisor of Prospective O-1 Employee
Departmental Chair
Medical School only: Dean’s Designee (Denise Farmer)

Submit print out of electronic submission with signatures together with supporting documentation listed below to ISSS (North Decatur Building, Suite 130)

Step 4: Complete O-1 Checklist and Compliance Form.

Step 5: Assemble packet of materials with checklist on top and submit to ISSS.

Documentation Requirements:

Letter addressed to International Student and Scholar Services from the department or division head or his/her designee stating:
Title of position
- Salary
- Length of appointment (not to exceed three years). State specifically that this is a temporary appointment
- Detailed description of the duties that the worker will perform and how the worker's credentials relate to the position
- Detail as to why the worker is considered to be of extraordinary ability in his/her field of study, and please state what the field(s) of study is(are).
- Detail why the position requires a person of extraordinary ability.
- The letter should also state that the employer will be liable for the reasonable cost of return transportation of the worker abroad if the employee is dismissed from employment by the employer before the end of the period of authorized stay.
O-1 Information Form
Copy of letter of appointment/employment contract (not required for extension requests): This can be a letter of appointment, a written employment contract, or a summary of an oral contract between the department and the worker.
Copy of diplomas and/or transcripts (not required for extension requests): Documents not in English must be translated by someone competent to do so. Foreign credentials must be evaluated by a recognized credentials evaluation service to demonstrate that a foreign degree is equivalent to its U.S. counterpart (see http://www.emory.edu/ISSS/scholars/H-1B1/credential.htm for a list of credentials evaluators)
Documentation to evidence extraordinary ability (see details of documentation required to prove extraordinary ability beginning on page 4).
Curriculum vita: Must include the following information:
- Current residential address
- Address outside the U.S. (this must be a valid mailing address to be used by a U.S. Consulate to notify the worker to schedule the processing of the O-1 visa stamp)
- Date of birth
- Country of birth
- Country of citizenship
- Statement of work history for the past six years (name of employer, location of employment, dates of employment, immigration classification while employed if inside the U.S.)
- List of publications
Copy of passport identification page: Page must include the following:
- Full name
- Date of issue
- Date of expiry
- Country of citizenship
- Photo
If the position requires the clinical practice of medicine :
- Evidence of an M.D. or unrestricted licensure in a foreign state
- State Medical licensure or "appropriate authorization" as required for the job in the state of Georgia
- Evidence of competence in oral and written English as established either by graduation from an accredited medical school within an English-speaking country, or passage of the ECFMG English Language examination.
Fees: Fees may be paid via check or money order, payable to Department of Homeland Security. For money order or departmental check requests, the address is: Department of Homeland Security - USCIS, Vermont Service Center, 75 Lower Weldon Street, St. Albans, VT 05479. ENCLOSE CHECK OR MONEY ORDER WITH SUPPORTING DOCUMENTS. DO NOT MAIL IT TO USCIS. Separate checks/money orders are required for each fee.
- Prospective O-1 worker Form I-129 fee: $320
- Dependents Form I-539 fee: $300 (flat fee regardless of number of dependents; no I-539 need be filed for dependents outside the U.S.)
- If you would like the petition to be sent via Federal Express, you must provide an internal departmental account number to which Fed-Ex charges will be billed.
If change of status is needed:
- Copy of current visa stamp
- Copy of I-94 card (front and back)
- Employment authorization card (if applicable)
- Copy of all current and previous immigration documents evidencing the individual’s current status, i.e. I-20s and/or DS-2019s
- Be certain that the copies are dark enough to visibly show the red entrance date stamps and other notations added to the documents by federal officials.
If worker is in O-1 status:
- Copy of all current and previous I-797s (Notice of Approval)
- Copy of current visa stamp
- Copy of I-94 card (front and back)
- Be certain that the copies are dark enough to visibly show the red entrance date stamps and other notations added to the documents by federal officials.
If dependents are filing:
- Form I-539 for first dependent, Supplement I for additional dependent
- Copies of I-94 for each dependent (front and back)
- Copies of passport identification pages for each dependent – must include same information as that required for the O-1 employee
- Copies of visa stamps for each dependent
- Copies of I-20s, DS-2019s, and/or I-797s for each dependent, as applicable
- Dependents outside the U.S. need not complete Form I-539. Evidence Required to Prove Extraordinary Ability: The following supporting documents should be submitted along with the documentation listed above: (Please consult the appropriate ISSS advisor before collecting this information to insure it meets the standards intended by the regulations.) Receipt of a major, internationally recognized award, such as a Nobel prize OR At least three (the more, the better!) of the criteria listed below. To each form of evidence provided, attach a cover page with a heading that includes the criterion and the citation being addressed, and a discussion of the significance of that evidence.
Documentation of foreign national's receipt of nationally or internationally recognized prize(s) or award(s) for excellence in the field of research.
- Explain the significance of particular prize(s) or award(s), including information regarding criteria used to select winner, how many competed or were considered, and whether the "competition" was national or international in scope.
Documentation of the foreign national'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.
- Evidence is usually in the form of a letter written by an office holder within the association, which certifies that the foreign national is a member and describes the requirements for membership; if the foreign national holds an office in the association, the letter should mention that. Evidence could also include copy of membership card and copy of association’s bylaws as long as the bylaws state that membership requires outstanding achievements or contributions to the field.
Published material in professional or major trade publications or major media about the foreign national, relating to the foreign national's work in the field for which classification is sought. Include title, date, and author of such published material, and any necessary translation.
- Submit full copies of published articles written about the foreign national or the foreign national's work. Please highlight within the article the text, which cites and discusses foreign national’s work.
- For each article submitted, provide an abstract explaining in layperson’s terms the significance of what is being said about the foreign national’s work, and also describe the significance of the author and the prestige of the publication in which the article is published.
- If an on-line data base search is done, include a statement, signed by the librarian, attesting to the nature and validity of the search, including a list of the articles cited and the number of times cited. The computer printout from such a search should be annotated so the output can be easily understood.
Evidence of the foreign national'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
- Letters requesting review of grants or manuscripts submitted for publication, or evidence that the person sat on a dissertation or thesis committee because of their recognized expertise in the relevant field of endeavor.
Evidence of the foreign national's original scientific, scholarly, or business-related contributions of major significance in the field. For example: evidence of patents or invitations requesting the foreign national to present his/her original work at national or international scientific meetings.
Letters of recommendation. [These letters are required for all O-1 petitions]
- Provide 4-6 letters, addressed to the faculty sponsor, from recognized experts describing the area of expertise, extraordinary ability and achievements of the foreign national. It also should be mentioned that the beneficiary is a leader in the field/at the top of the field. These experts should explain in the letter how they are able to judge the foreign national [i.e., briefly describe their own education, experience, position(s) held]. These letters should preferably be from non-Emory University sources. Each letter writer should submit a full C.V. They may use the criterion listed in this section as a template for writing the letter, i.e. explaining why awards, publications, presentations, membership in associations are evidence of extraordinary credentials. Should explain in layperson’s terms what original contributions to field of research/study were made by foreign national and the significance of this contribution as a whole, e.g., if person is in biomedical research, what significance does this research have for the ultimate prevention, diagnosis, or treatment of disease.
Evidence of foreign national's authorship of scholarly articles in the field, in professional journals or other major media.
- Include 4-5 reprints and provide a brief abstract discussing the significance and importance of each article in layperson’s terms. First-authored and corresponding-authored articles are preferred.
Documentary evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments which have a distinguished reputation
- For example, if conducting research in a critical or essential capacity at NIH, provide a letter from the Director, addressed to the faculty sponsor, explaining the importance of the foreign scientist's research and its critical or essential importance to the mission of the laboratory/institute. Include a paragraph about organization or establishments distinguished reputation.
Documentary evidence that the foreign national has either commanded a high salary or will command a high salary or other remuneration for services.
- Provide evidence in the form of contracts or other reliable evidence.

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