Sponsoring O-1 Employment

Step 1: UH job offer
Step 2: Determine O-1 eligibility
Step 3: Prepare O-1 request
Step 4: FSIS processing
Step 5: USCIS processing
Step 6: Apply for O-1 entry (employee is outside the U.S.)

Step 1: UH job offer

UH may sponsor a prospective employee for O-1 employment after a job offer from a UH department has been accepted. That is, O-1 sponsorship may be initiated only if an employment agreement exists between a UH department and a foreign national. Once a job offer has been accepted, the department must determine whether the individual is eligible to work in the U.S. If the person does not already have employment authorization for the UH job, the proper authorization must be secured before employment can begin. The O-1 classification may be an option for work authorization if the initial eligibility requirements are met.

It is important to note that UH does not classify stipend or fellowship recipients (e.g., postdoctoral fellows) as employees. This means UH cannot seek O-1 classification for non-salaried appointments. Instead, the J-1 classification may be the most appropriate option.

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Step 2: Determine O-1 eligibility

UH units may pursue O-1 sponsorship if the O-1 beneficiary gathers and provides documentation of sustained extraordinary national or international acclaim in the sciences, arts, education, business, or athletics. The evidence must establish that the individual has reached a level of expertise showing they are part of the small percentage who have risen to the very top of the field of endeavor.

Choose one of the following three options to show eligibility for O-1 extraordinary ability in the sciences, education, business, or athletics. If any document is not written in English, provide a translation and a translator’s certification.

Note: If the beneficiary’s ability area is in the arts, the eligibility options will differ. Contact an Immigration Specialist to discuss the arts-specific evidence categories.

  Eligibility Options How to document achievements
1

Major internationally recognized award or prize (e.g., Nobel, Pulitzer).

Provide all of the following:

  • Copy of the award/prize certificate;
  • Criteria used to judge the nominees; and
  • Information about the purpose, significance, and scope of the award/prize and of the awarding body/organization.
2

Substantial sustained achievements in at least three of these eight categories:

    1. National or international prizes or awards for excellence in the field of endeavor.
    2. 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.
    3. Published material in professional or major trade publications or major media about the individual’s work in the field for which classification is sought.
    4. 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.
    5. Required: Original scientific, scholarly, or business-related contributions of major significance in the field.
    6. Authorship of scholarly articles in the field, in professional journals, or in other major media.
    7. Employment in a critical or essential capacity for organizations/establishments with distinguished reputations.
    8. Past or future command of a high salary or other payment for services evidenced by contracts or other reliable evidence.

(1) Awards/prizes for excellence:

  • Copies of award certificates/letters;
  • Criteria used to judge the nominees;
  • Information about the purpose, significance, and scope of each award/prize and of the awarding bodies/organizations; and
  • If available, list of prior winners in the past 3-5 years.

Note: USCIS generally does not accept school-awarded academic scholarships/fellowships.

(2) Memberships based on outstanding achievements:

  • Copies of membership letters from associations;
  • Criteria used and procedures followed to determine whether an applicant is “outstanding” and other requirements for membership;
  • Number of current members and the beneficiary’s rank in each association compared to other members; and
  • Information establishing the reputations of those reviewing applications and of the associations in the field.

(3) Published articles about the beneficiary’s work:

  • Copies of articles’ cover pages showing title, author, publication name, and issue date;
  • Copies of pages on which the beneficiary’s work is significantly discussed;
  • Information establishing the prestige of the publications/media;
  • Information about local/national/international circulation; frequency of publication; numbers of copies published; and
  • If available, information establishing the importance of the articles.

Note: The articles must extensively discuss, as opposed to simply cite, the beneficiary’s work and treat it positively or neutrally.

(4) Participation as a panelist/individual as a judge of others’ work:

  • If on a journal’s editorial board, include a website printout naming the beneficiary as an editor/editorial board member;
  • For journal and/or conference peer-reviewing, provide copies of letters/emails acknowledging the judging (e.g., letter from an editor explaining why the beneficiary is regularly asked to review manuscripts);
  • Criteria used to select the beneficiary as a judge for journals, conferences, etc.; and
  • Information establishing the significance of the journals, conferences, etc.

Note: USCIS does not accept dissertation committees and other types of judging of students’ work.

(5) Required: Original and major scientific, scholarly, or business-related contributions:

  • 6-8 recommendation letters from recognized experts in the field describing the beneficiary’s original contributions and explaining the significant impact of those contributions on the field;
    • Address letters “To Whom It May Concern.”
    • Experts need to include summaries of their career highlights and explain how they are acquainted with the beneficiary.
    • Letters should come from field experts who have not worked directly with the beneficiary, but are faimilar with their significant contributions to the field.
    • At least two letter should come from outside the U.S.
    • Only one of the letters should be written by an expert from UH.
  • Documentation of original research presentations made at conferences, seminars, etc., and the significance of the events;
  • Participation as a consultant/researcher due to original contributions at the invitation of a distinguished organization (e.g., UN sub-committee, governmental workgroup, etc.);
  • Copies of patents, if any; and
  • Other evidence establishing major original scientific or scholarly contributions.

(6) Authorship of published scholarly articles:

  • 8-10 scholarly journal articles, books, book chapters, or other publications, with at least 100 citations;
  • Copies of articles’ cover pages showing title, author, publication name, and issue date;
  • Copies of books’ pages showing title, author, table of contents, and publication date. For book chapters, include the first page of each chapter written;
  • Information establishing the prestige of the publications/media;
  • Information about local/national/international circulation, frequency of publication, number of copies published; and
  • If available, information establishing the importance of the articles/books/chapters.

(7) Employment in a critical/essential capacity for distinguished organizations:

  • Affidavits from employers describing the beneficiary’s achievements and certifying past/present employment in a critical or essential capacity; and
  • Documentation of the organization’s distinguished reputation.

(8) Past or future command of a high salary/payment:

  • Copies of contracts showing a high salary or other payment for services compared to others in the field for a sustained period; and
  • Statistical comparison of salaries in the field from the Economic Research Institute or a similar organization.
3

Comparable evidence proving sustained extraordinary ability in the field. This is only an option if the above two options do not readily apply to the beneficiary’s occupation.

Contact an Immigration Specialist to discuss types of comparable evidence that may be submitted.

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Step 3: Prepare O-1 request

After the UH department determines that the O-1 classification is appropriate, the O-1 request process may begin. All types of O-1 requests must be submitted to FSIS no later than two months prior to the requested O-1 start date. Submission of a late request may result in an O-1 beneficiary’s inability to start working on time or even the loss of legal immigration status in the U.S. Please note:

  • USCIS must accept an O-1 petition by the business day on or before the employee’s current status end date.
  • UH can request up to three years on an initial O-1 petition and up to one year on subsequent extensions. If the beneficiary is terminated for any reason before the O-1 end date, the college/school must pay the reasonable costs of return transportation to the last place of foreign residence.
  • UH can submit an initial O-1 petition to USCIS up to one year before the employment start date. O-1 extension petitions can also be submitted to USCIS up to one year prior to the extension start date.
  • Consult with FSIS if the worker is:
    • Planning to travel abroad while the O-1 petition is pending; or
    • An F-1 student whose F-1 status will end more than 60 days prior to the intended O-1 start date; or
    • A J-1 exchange visitor whose program will end more than 30 days prior to the intended O-1 start date; or
    • Still subject to the two-year residence requirement after being in J-1 or J-2 status. UH cannot file an O-1 in-country change of status petition in this case, so after the O-1 petition is approved, the beneficiary must exit the U.S. and follow the O-1 entry procedures.
  • Ask the O-1 worker about family members who may require an O-3 change of status or extension; if needed, include their documents in the O-1 request packet.
O-1 request process

UH colleges/schools/departments/units need to follow each step below to complete and submit O-1 requests to FSIS.

1. The UH department initiates the O-1 request.

The UH department works with the O-1 beneficiary to obtain necessary information and documentation for the O-1 request packet. The department completes/gathers its portion of the documents listed on the O-1 Request Form.

If any document is not written in English, provide a translation and a translator’s certification.

As part of the O-1 request packet, the O-1 employee’s direct supervisor must complete the UH Office of Export Controls’ I-129 Certification Decision Tree. After the supervisor answers the questions on the decision tree, print a hard copy of the resulting PDF form, complete items #1 and #2 on the form, and sign in the “PI/Supervisor” line. The dean or director of the college/school/unit must also sign the form. Attach the completed form as one of the supporting documents in the O-1 request packet.

2. The HR specialist reviews the O-1 request, attaches documents, and submits hard copy request to FSIS.

The UH department forwards its portion of the O-1 request packet to the HR specialist for the college/school/unit. The HR specialist reviews the request and attaches any additional documents.

The HR specialist sends the complete hard copy request packet to an Immigration Specialist at FSIS.

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Step 4: FSIS processing

Once FSIS receives and reviews the request from the HR specialist, FSIS will send the PCard Authorization Form (for the filing fee payment) and request the unit’s FedEx account number (for mailing charges) from the HR Specialist. The unit must provide the completed form and the FedEx account number for FSIS to charge.

Note: The employee may pay for the filing fee and/or for the mailing.

FSIS will complete the following as long as all initial requirements are met:

  • Submit documents to the UH Office of Export Controls for export compliance review;
  • Prepare USCIS Form I-129 Petition for a Nonimmigrant Worker;
  • Prepare a cover letter for the O-1 petition;
  • Prepare USCIS Form I-907 Request for Premium Processing Service (if requested);
  • Request a written consultation letter from UHPA (faculty positions only); and
  • Review Form I-539/I-539A for any O-3 dependents (if applicable).

FSIS will mail the petition with the fees to USCIS. Following submission, FSIS will transfer a copy of the petition via UH Dropbox to the HR specialist and the employee.

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Step 5: USCIS processing

Upon receiving the O-1 petition, USCIS will conduct an initial review to ensure the petition is being timely filed with the appropriate fee. If USCIS determines the petition has been properly filed, it will mail a receipt notice to FSIS, and we will email a copy of it to the HR specialist and employee. Please note the following regarding the different types of O-1 petitions:

Petition typeUH employmentInternational travel
Change of O-1 employerEmployment may begin after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
Concurrent O-1 employment>Employment may begin after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
O-1 amendmentChanges to O-1 employment may take place after USCIS approves the petition.See important information about traveling abroad while a petition is pending.
O-1 change of statusEmployment may begin after USCIS approves the petition. Employment may begin prior to approval if the beneficiary has another type of valid work authorization.See important information about traveling abroad while a petition is pending.
O-1 extensionEmployment in the same position and under the same terms may continue for up to 240 days, provided the petition was timely filed, until USCIS renders a decision on the petition.See important information about traveling abroad while a petition is pending.
USCIS adjudication

Under regular processing, it generally takes USCIS 8-10 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee, which can be paid by the college/school or beneficiary.

While the petition is pending, departments can check its status using the receipt number and view average processing times on USCIS’s case status website.

If the petition is approved, USCIS will mail an O-1 approval notice (Form I-797A or I-797B Notice of Action) to FSIS. FSIS will send the following documents to the HR specialist for distribution:

  • Memo to the employee;
  • Original approval notice for the employee; and
  • Contact Information Form (only for new employees), which the employee needs to complete and return to FSIS after starting employment.

O-1 status automatically begins/continues upon the approval notice’s start date. The employee does not need to leave the U.S. and reenter to begin/continue O-1 employment unless a Form I-797B has been issued. If a Form I-797B was issued, the worker must follow the O-1 entry procedures to begin O-1 employment.

Cancellation of employment

If O-1 employment is canceled for any reason, the HR specialist must notify an Immigration Specialist immediately so we can withdraw the petition.

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Step 6: Apply for O-1 entry

After the sponsoring unit sends the O-1 employee the approval notice and other documents, the employee needs to follow the steps below to apply for an O-1 visa and O-1 admission to the U.S.

1. Apply for an O-1 visa.

Canadian citizens can skip and proceed to “2. Apply for O-1 admission at a U.S. port of entry” below. Individuals who already have O-1 visas that will be valid on the date they arrive in the U.S. do not need to apply for new ones and may also proceed to “2. Apply for O-1 admission at a U.S. port of entry” below.

To apply for an O-1 visa, employees must visit the U.S. embassies and consulates website to review the specific application requirements and to schedule a visa interview at the U.S. embassy or consulate in your country of nationality or residence. If you are a national of a country where the U.S. government is not conducting routine visa operations, you must apply at a designated embassy or consulate. You can find a list of these designated locations and more information here.

Please be aware that visa requirements can differ by location, so you must confirm the exact requirements directly with the specific embassy or consulate where you will have your interview. It is important to apply early, as processing times can vary and may take a significant amount of time. All visa applications undergo a security check, and some may require a more extensive security clearance that can take several weeks.

Generally, all O-1 visa applications must include the following:

  • DS-160 nonimmigrant visa application confirmation page;
  • Visa interview appointment confirmation page;
  • Proof of payment of visa fees;
  • A passport-style photograph that meets DOS‘s nonimmigrant visa photo requirements;
  • Valid O-1 approval notice;
  • Passport valid for at least six months beyond the approval notice’s end date;
  • Employment confirmation letter from UH department; and
  • Any other documents required by the specific U.S. embassy or consulate.

If the O-1 employee has any family members who will come to the U.S. as dependents, they need to follow the O-3 entry procedures.

2. Apply for O-1 admission at a U.S. port of entry.

Next, the employee applies for O-1 admission at a U.S. port of entry up to 10 days before the start date on the approval notice and brings the following items to the port of entry:

  • Valid O-1 approval notice;
  • Valid O-1 visa in passport (N/A for Canadians);
  • Passport valid for at least six months beyond the approval notice’s end date (if the passport will expire before the approval notice end date, a shorter period of stay may be granted); and
  • UH employment offer letter or employment confirmation letter from the UH department.

Also, present O-3 admission documents for any dependent family members

Individuals are not guaranteed entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review all documents and ask the person about the purpose of the visit. These officers have the discretion to admit a person in O-1 status and any family members in O-3 status and may refer them to a more detailed secondary inspection.

When the O-1 employee is admitted into the U.S., all documents must be returned. CBP will issue an electronic Form I-94 for each person to access and print at the CBP‘s I-94 website. The Form I-94 printout is proof of admission to and legal immigration status in the U.S.

O-1 employees and O-3 family members need to keep copies of their passport biodata/expiration pages, visas, admission stamps, and Form I-94 records permanently in case any of these documents are lost or stolen.

3. Send copies of entry documents via UH FileDrop to FSIS and update employee’s PeopleSoft record.

After the O-1 employee is admitted into the U.S., send an Immigration Specialist the following documents so we can update our records and check their admission:

  • Completed Contact Information Form;
  • Copy of Form I-94 print out from CBP’s I-94 website;
  • Copy of O-1 visa in passport;
  • Copy of passport biodata page (if new/renewed); and
  • Copies of the Form I-94 printout, visa, and passport biodata page for each O-3 dependent (if applicable).

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