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:
|
2 |
Substantial sustained achievements in at least three of these eight categories:
|
(1) Awards/prizes for excellence:
Note: USCIS generally does not accept school-awarded academic scholarships/fellowships. (2) Memberships based on outstanding achievements:
(3) Published articles about the beneficiary’s work:
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:
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) Authorship of published scholarly articles:
(7) Employment in a critical/essential capacity for distinguished organizations:
(8) Past or future command of a high salary/payment:
|
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.
3. FSIS emails the O-1 petition filing fee amounts and mailing account request to the HR specialist.
The college/school/department (as appropriate) requests the filing fee check(s) from UH Disbursing. UH Disbursing will notify FSIS when the check(s) are ready for pick up. The unit must provide their FedE account number or UH account number to charge the FedEx invoice.
Note: The O-1 employee may pay for the filing fee and/or for mailing.
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Step 4: FSIS processing
Once FSIS receives the request from the HR specialist, we will review it and 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).
After receiving the filing fee check(s), FSIS will mail the petition with the fees to USCIS. FSIS will FileDrop a copy of the petition to the HR specialist and to 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 type | UH employment | International travel |
---|---|---|
Change of O-1 employer | Employment 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 amendment | Changes 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 status | Employment 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 extension | Employment 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 3-5 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, the employee visits the U.S. Department of State’s U.S. embassies and consulates website to view the visa application requirements and to make an appointment for a visa interview. It is best to apply at the U.S. embassy/consulate having jurisdiction over the place of residence, though they may apply at any U.S. embassies/consulates worldwide that permit third country nationals’ applications. Anyone who was ever a visa overstay in the U.S. must apply for the visa at a consular office in their country of nationality.
O-1 visa application requirements differ by embassy/consulate, so the employee needs to check directly with the specific U.S. embassy/consulate on the requirements for the visa application if there are any questions.
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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