O Visa Individuals of Extraordinary Ability

The O-1 visa category is reserved for individuals of "extraordinary ability" in the sciences, arts, or education. The University would usually file O-1 visa petitions for only faculty and research scholars. Deciding whether a scholar qualifies for the O visa is often difficult. After reviewing the criteria listed below, it is essential to speak to an advisor in the HIO to discuss the scholar's eligibility. It is not a visa category used very often because the required qualifications are difficult to achieve. The HIO would only consider the O visa category in cases where the individual does not qualify for H status for some reason (waiver delay, etc).

Characteristics of the O visa:

1. The O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments.
2. Dependents of the O-1 visa holder are classified in O-3 status and are not eligible for employment
3. J-1 visa holders may be able to obtain the O-1 visa even if they are subject to the two-year home residency requirement. The requirement is not waived but postponed for the time the individual holds O-1 status. In such cases, the individual would have to leave the U.S. and re-enter in O-1 status once the petition is approved.

O Visa Eligibility Requirements:

An O-1 visa petition must demonstrate the applicant's "ability" through the eligibility requirements described below. To qualify as an individual of extraordinary ability there must be evidence of the applicant's having received a major internationally recognized award (Nobel Prize) or at least three of the following:

1. Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field.
2. Membership in associations in the field that require outstanding achievements of their members, as judged by recognized experts in the field.
3. Evidence of authorship of scholarly articles in the field, in professional journals, or other major media.
4. Published material in professional or major trade publications or major media about applicant's work.
5. Evidence of participation on a panel, or individually, as the judge of the work of others in the field.
6. Evidence in the form of five or six letters and affidavits from prominent colleagues who can confirm applicant's original scientific or scholarly contributions of major significance to the field.*
7. Evidence of employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
8. Evidence of commanding a high salary or other compensation for services (this category does not usually apply to academic positions).

* Regulations require a "peer group" must attest to the applicant's outstanding qualifications. We have found that this requirement may be fulfilled by letters of recommendation in which the referees outline their own standing in the field.