The O-1 Visa for Aliens of Extraordinary Ability is used for employers to sponsor foreign workers who are recognized as having sustained national or international acclaim for extraordinary ability in their field of endeavor. The O-1 visa is specific to an employer and a department at the university must initiate the petition through the Office of Immigration Services.
There is no maximum time limit on the O-1 visa. The first petition may be filed for a period of three years. Thereafter, petitions may be filed in one-year increments. The university may file an O-1 visa petition as early as six months in advance of the begin date of employment. University departments wishing to sponsor an O-1 visa should contact the Office of Immigration Services as early as possible.
Foreign workers who meet the O-1 requirements are generally considered to be in that small percentage who have risen to the very top of their field. Documents to support the petition will vary depending on the field of endeavor. To qualify for O-1 visa status in science, education, business or athletics the individual's extraordinary ability must be evidenced by a nomination for, or receipt of significant national or international award or prize, OR the individual can provide documented evidence of at least three of the following eight "extraordinary ability" criteria:
OU departments may pay any business-related expense associated with a worker named in an O-1 petition. Departments are required to pay the return transportation costs for the O-1 nonimmigrant worker if dismissed before the end of the authorized employment period.
All family-related application and petition expenses are considered personal expenses and must be paid by the individual.
Costs associated with employer-based fees are not personal in nature. Therefore, such costs are business-related and are allowable on state budgeted funds and CLINOPS accounts. However, funds such as Grant Awards (e.g., National Science Foundation, National Institutes of Health, American Cancer Society, etc.), Contracts, and Contribution Accounts, are normally excluded unless specifically allowed by the agency.
Premium processing fees, dependent family fees, or employer internal processing fees are not allowable as direct charges to a federal award. If you have a question on the allowability of costs under a specific grant or contract, please contact the University's Office of Grants & Contracts at 271-2177.
USCIS provides expedited processing for $2,805 in addition to the above fees. University guidelines require departments to provide justification for this cost. Review the University Visa Fee Policy in the Resources section of this website for more information.
OIS offers immigration services provided by an in-house immigration attorney and administrative staff. These services are currently provided at no charge to the department or participant. OU remains one of the few schools offering these services at no charge. Requests that require expedited attention or do not provide minimum notice to our office may eventually force our office to charge fees.
Effective January 17, 2017, a grace period of up to 60 consecutive days during each petition validity period is now approved for O-1 classification. This grace period allows O-1 workers to more readily pursue new employment should they be eligible for other employer-sponsored nonimmigrant classifications or employment in the same classification with a new employer. While the O-1 worker will not be authorized for employment during the grace period, it allows more flexibility for those whose employment ceases prior to the end of their current validity period. This grace period also allows US employers to more easily facilitate changes in employment for existing or newly recruited O-1 workers.
Visa applicants should prepare in advance and allow sufficient time for potential delays when applying for visas of any type at a U.S. consular post abroad. Travelers should be aware that the information they post online may be inspected by immigration officials that adjudication requests for immigration benefits, including admission to the U.S.
International visitors and workers on approved visas who travel outside the U.S. must review the following information:
U.S. Embassies, Consulates, & Diplomatic Missions
Visa Appointment Wait Times - Find out how soon you can get an appointment for visa interview at a U.S. Embassy or Consulate.
The spouse and unmarried children (under 21 years of age) of the primary immigrant or nonimmigrant are considered immediate family members for immigration purposes and are defined as dependents. Many such dependents are eligible for derivative status and may be allowed to apply for work authorization by filing Form I-765 with USCIS.
As a courtesy, the OIS will include the dependent’s derivative application when filing the university’s petition for the nonimmigrant worker. The nonimmigrant worker is responsible for any accompanying family member’s visa status or subsequent filing fee(s). While every reasonable effort is made to provide you with guidance with job-related immigration concerns, help cannot be provided for personal or family immigration matters and may be further limited by staff resources and institutional priorities.
Download relevant forms from the Forms and Resources sections.
