O-1 – Alien of Extraordinary Ability
Overview/Q & A

What is meant by “extraordinary?”
“Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor.” [8 CFR 214.2(o)(3)(ii)]

“Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.” [8CFR 214.2(o)(3)(ii)]

What kind of documentation is required to prove extraordinary ability?
The petition must include documentation to show extraordinary ability demonstrated by sustained national or international acclaim. The evidence categories are listed in 8 CFR 214.2(o)(3)(iii) or (iv).

(iii) Evidentiary criteria for an O-1 alien of extraordinary ability in the fields of science, education, business, or athletics. An alien of extraordinary ability in the fields of science, education, business, or athletics must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise by providing evidence of:

  1. Receipt of a major, internationally recognized award, such as the Nobel Prize; or
  2. At least three of the following forms of documentation:
    1. Documentation of the alien's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;
    2. Documentation of the alien's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields;
    3. Published material in professional or major trade publications or major media about the alien, relating to the alien's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation;
    4. Evidence of the alien's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought;
    5. Evidence of the alien's original scientific, scholarly, or business-related contributions of major significance in the field;
    6. Evidence of the alien's authorship of scholarly articles in the field, in professional journals, or other major media;
    7. Evidence that the alien has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation;
    8. Evidence that the alien has either commanded a high salary or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.
  3. If the criteria in paragraph (o)(3)(iii) of this section do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.

What is meant by the requirement that the petition include an advisory opinion from a peer group?
“Peer group means a group or organization which is comprised of practitioners of the alien's occupation. If there is a collective bargaining representative of an employer's employees in the occupational classification for which the alien is being sought, such a representative may be considered the appropriate peer group for purposes of consultation.” [8CFR 214.2(o)(3)(ii)] The International Center, in consultation with the department, will determine the best means of obtaining an advisory opinion.

How long is an O petition valid?
The initial O-1 petition can request up to 3 years, with one year extensions after that. There is no maximum period of time that an employee can hold O-1 status.

Why might FSU file an O-1 petition?
O-1 is an easy option for someone who has received a Nobel or Pulitzer prize. It is also an option for someone who has clearly risen to the top of their field of research and can fairly easily gather evidence to support this claim. In most cases, the O is not a necessary option, because it is easier to use and file and H-1B. The university will consider the O-1 as an option if an employee has used the maximum time available in H-1B status, or if they hold J-1 status and are subject to the two year home country residence requirement that prevents them from changing status to H-1B or from getting an H-1B visa.

Will FSU file an application for an employment-based “green card” for an employee in O-1 status?
Yes, if the employee has been offered a permanent position.

Is it possible to work for more than one employer?
Yes, as long as each employer has filed an O-1 petition with USCIS. Concurrent petitions are allowed.

Is the O-1 just for professors?
An O-1 petition can be filed for an employee with extraordinary ability in the sciences, arts, education, business, or athletics.

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