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Survival Guide

O-1 Information

What is an O-1? O-1 temporary workers are defined as persons who possess extraordinary ability, who are among the top one to two percentage of individuals who have risen to the very top of their field of endeavor, and who are coming to the United States to continue work in the area of extraordinary ability on a temporary basis.

What is O-1 status used for at Emory University? The O-1 non-immigrant status can be used to bring temporary faculty members, researchers, consultants, administrators, or individuals engaged in a variety of professional-level activities to the United States. The O-1 must be able to demonstrate extraordinary ability, and the employer must demonstrate that the position to be filled requires someone of extraordinary ability. The O-1 is employer specific; the employee may only work for the employer who filed the O-1 petition and can only perform the job included in the petition.

Who qualifies for an O-1 visa? To qualify for O-1 non-immigrant status, the foreign national must possess skills and abilities that evidence s/he are among the top one to two percentage of individuals who have risen to the very top of his/her field of endeavor, and must be filling a position that requires someone who possesses this extraordinary ability. This is NOT a non-immigrant status for those who demonstrate potential for rising to the very top of their field of endeavor.

Employment Conditions

Is an O-1 a permanent employee? The O-1 is a temporary non-immigrant status. The foreign national must be coming to temporarily fill a position that may or may not in itself be temporary. The employer must attest that the individual's services are needed temporarily. The letter of appointment and other documents must stipulate the temporary nature of the appointment.

How long can an O-1 stay in the United States? An O-1 may be initially issued for a period of three (3) years. Extensions may be obtained in one-year increments only. There is no defined limit to the period of stay in the U.S. as there is for H-1B non-immigrants. Remember, however, that O-1 is temporary employment to cover an event that is temporary in nature. Therefore, USCIS begins questioning the temporary need of the O-1 employee beyond 6 years. If the employer dismisses the foreign national prior to the expiration of the authorized stay, the employer is liable for the reasonable cost of their return transportation abroad.

Can an O-1 be paid by more than one employer? The O-1 is employer specific; the employee may only work for the employer who filed the O-1 petition and can only perform the job indicated in the petition. (Concurrent employment is possible, if each employer has an approved O-1 petition for the employee.)