O-1: Individuals with Extraordinary Ability or Achievement

The O-1 visa category allows you to employ individuals who have demonstrated extraordinary ability in their field. This includes fields such as science, education, business, athletics, or the arts.

To qualify, the individual must show a high level of achievement and recognition, supported by evidence such as publications, awards, original contributions, or other professional distinctions.

The O-1 category is typically used for individuals who meet a higher standard than the H-1B specialty occupation requirements.


Key Points

  • The O-1 category is for individuals with extraordinary ability
  • There is no prevailing wage requirement
  • Initial approval is granted for up to 3 years
  • Extensions are granted in increments of up to 1 year

How the Process Works

All O-1 cases are handled by the SUNY-approved immigration law firm.

The process includes:

  1. Your department submits an Immigration Counsel Referral Request in accessVIS
  2. Visa and Immigration Services (VIS) reviews the request
  3. The case is referred to immigration counsel
  4. The attorney works with the department and employee to gather documentation demonstrating extraordinary ability
  5. The petition is filed with U.S. Citizenship and Immigration Services (USCIS)
  6. USCIS issues a decision or requests additional information

 


Department Responsibilities

To support an O-1 case, you must:

  • Submit the Immigration Counsel Referral Request in accessVIS
  • Obtain Dean (or equivalent) approval

You must contact VIS before making any changes to:

  • Job duties
  • Salary
  • Work location
  • Job title


When to Contact VIS

You should contact Visa and Immigration Services (VIS):

  • When you are considering a candidate who may qualify for O-1 status
  • Before extending an offer, if visa sponsorship may be required
  • If the candidate may not clearly qualify for H-1B status
  • Before making any changes to an O-1 employee’s role or employment terms

Early consultation is especially important for O-1 cases due to the higher evidentiary standard and preparation time.