1) O-1 Requirements
The employer’s petition must demonstrate to the USCIS that the beneficiary is someone of “extraordinary ability” in his or her field. This may be evidenced by documentation of major awards or prizes, publications, patents, citations to the individual’s work, major accomplishments of significance to the field as a whole, letters of reference from other leaders in the field, and any other suitable documentation. There is also a peer group “consultation letter” requirement for O-1 visa petitions. An appropriate “peer group” might be a relevant professional or academic association, an individual with expertise in the employee’s field of endeavor, or a trade organization. The peer group or expert must provide a letter supporting (or, at a minimum, stating no objection to) the request for O-1 classification.
2) How soon can I start?
Processing times for the O-1 petition vary according to the availability of information needed to prepare the petition, government interruptions and backlogs at USCIS. On average, the O-1 visa petition process will take about 30-60 days, but O-1 petition preparation is typically lengthy due to the documentation requirements.
3) Extension of O-1 visa status
Extensions of O-1 status should be filed during the six month period prior to expiration of current stay, and are granted in one year increments. The employee’s qualifications and the employer’s continued need to employ an individual of extraordinary ability in the offered position must be established anew (and fully documented) with each extension application. If the extension application is filed prior to expiration of the current authorized stay, the individual will have continued work authorization for up to 240 days while the application is pending. There may be restrictions on international travel while the extension application is pending.
SUPPORT DOCUMENTATION FOR O-1 PETITION
A. CORPORATE (prospective U.S. employer):
- Certificate and Articles of Incorporation;
- Employer’s Federal Tax Identification Number;
- Current annual report and/or audited financial statement, or federal corporate income tax return;
- Any available promotional pamphlets and brochures which describe the company and its various products, service, etc;
- A complete job description for the individual’s proposed position — including a list of all job duties; title of immediate supervisor, number and title of persons supervised, and annual salary and benefits information;
- Full name and title of contact person at company who will coordinate paperwork and the full name and title of the company’s authorized signatory for documents;
B. INDIVIDUAL (Foreign national seeking 0-1 Petition):
- Completed Immigration Questionnaire (CK Form) and Working Visa Addendum (CK Form);
- Photocopies of individual’s passport and I-94 Card, and those of his/her immediate family members who will accompany him/her to the United States , all Forms I-20 or IAP-66 and copy of Employment Authorization Card, if any;
- Individual’s resume, curriculum vitae, etc.;
- Photocopy of individual’s university or trade school diplomas and certificates, and course transcripts, if available;
- Copies of any awards, certificates, notices or any other evidence showing extraordinary ability;
- Photocopy of individual’s professional licenses, professional society membership certificates or cards, etc, if any; and
- Any conveniently available letters, payroll records, etc. verifying individual’s prior work history.