O-1 Status
The O-1 nonimmigrant visa is for the employment of individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business, athletics, motion picture, or television industries.
To successfully petition for an O-1 visa, the applicant must be able to provide evidence in the form of either a major, internationally-recognized award, such as a Nobel Prize,
Or
evidence of at least three, and preferably four of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
Initial Stay and Extensions:
The O-1 status has an initial period of stay of up to 3 years with one-year extensions thereafter. (Unlike H-1B, there is no maximum cumulative duration limit.)
Spouses and dependents (unmarried children under 21 years of age) of aliens in O-1 status are eligible for O-3 status. They are subject to the same limitations of stay as the principal O-1. Individuals with O-3 status are not permitted to be employed in the US.
A Note About J-1: J-1 exchange visitors subject to the two-year home country physical presence requirement are eligible for O-1 classification. In order to obtain O-1 status, however, they must apply for the O visa abroad and be admitted to the U.S. in O-1 status (such non-immigrants remain subject to the two-year requirement, however, until it is either waived or satisfied).
A Petition for O-1 status can be filed up to six months before employment begins.
O-1 vs H-1B
O-1s are expensive, labor intensive, and subject to variability. As such, it is the general OISS protocol that O-1 sponsorship will only be used when H-1B status is not a practicable option (such as the employee is subject to a J-1 two-year home-residency requirement or the H-1B will require the $100k surcharge).
How to Apply
All departments must use the iGlobal portal to initiate O-1 applications. Requests for O-1 sponsorship must be submitted by the hiring department on behalf of the employee.
Log in to the iGlobal portal through Single Sign-On (SSO) and submit a Departmental Access Request. Once your request is reviewed and approved, you will gain access to the available application requests. Below are instructions on how to start an application:
Within the application, individuals must choose one of the pre-vetted external counsel forms to prepare their O-1 petition. Costs to prepare O-1 range from $8000 to $12000, plus application fees. O-1 fees should be paid by the hiring department.
Once fully submitted, we will review and potentially follow-up if there are any questions or missing items. OISS will also start the engagement with the law firm on your behalf. O-1 preparations often involve significant participation on the part of an applicant in collecting evidence and selecting references.
OISS and OGC are the only office authorized to sign O-1 petitions on behalf of Tulane.
If you have any questions or need assistance with this new process, please contact our office at oiss@tulane.edu.