International Student & Scholar Services

International Programs

O-1 STATUS: Person of Extraordinary Ability

Basic Requirements and General Information

The O-1 non-immigrant category is for the employment of individual aliens who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business, athletics, motion picture, or television industries. The category permits an employer to petition with the United States Citizenship and Immigration Services (USCIS) for a non-immigrant to come to the United States on a temporary basis to work within his or her area of extraordinary ability or achievement. It also permits family members and, in certain cases, assistants to join the non-immigrant.

O-1 status is employer and position specific. This means that an individual in O-1 status is authorized to work only for the employer who sponsored the O-1 petition and may only perform the work described in the petition. Any substantial change in employment, or a change and/or addition of a new employer requires the filing of a new/amended application.

The sponsored employee must have extraordinary ability in the sciences, arts, education, business or athletics as demonstrated by sustained national or international acclaim.

A petition for O-1 classification can be filed up to six months before employment begins.

The employing department must provide an offer of employment; a non-immigrant may not self-petition.

The employing department is responsible for return cost of transportation abroad if the non-immigrant is dismissed before the petition period expires.

The O-1 has an initial period of stay of up to 3 years with one-year extensions thereafter (no maximum cumulative duration limit as H-1B.)

J non-immigrants 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). After obtaining the initial O-1 status, O-1 status can be extended within the US

The spouse 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 U.S.

The O-1 non-immigrant category allows for “dual intent.” Under the doctrine of dual intent, the fact that a U.S. employer has filed a labor certification, or an individual has filed a permanent residence petition on behalf of the non-immigrant, shall not be a basis for denying the O-1 petition, a request for extension of stay, admission to the United States, or change of status to that of O-1 non-immigrant. However, O-1s cannot retain their O-1 status when traveling outside the US while adjustment of status is pending and would need a special travel document for international travel.

Policy on the Use of Outside Immigration Counsel for O-1 Applications

Effective August 15, 2008, the University established a policy under which outside immigration counsel will process O-1 applications. OIP-ISSS will screen the applications prepared by authorized outside counsel to ensure that each application accurately represents the University. Only the designated firms will be able to represent the University in O-1 cases, unless determined otherwise by OIP-ISSS or the Office of General Counsel. Please note that only OIP-ISSS is authorized to sign any immigration-related applications representing the University.

General immigration questions should be directed first to OIP-ISSS at 215-898-4661. An attorney on the retained immigration counsel list should be contacted only about a specific matter which he or she has been retained to handle. Penn departments or employees may contact an attorney on the retained counsel list to ask questions about the firm’s services (i.e., experience handling similar cases, the amount of time it typically takes to complete this type of case, language skills, etc.).

In order to initiate the O-1 process for an employee, the department should complete the Aliens of Extraordinary Ability O-1 Request Form, selecting the firm with which it would like to work. If the department does not know which firm to choose, it may contact OIP-ISSS for more information.

Click here for the Penn Outside Legal Counsel Program website for details on the authorized law firms, the summary of fees, billing, processes, etc.

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The category permits an employer to petition with the United States Citizenship and Immigration Services (USCIS) for a non-immigrant to come to the United States on a temporary basis to work within his or her area of extraordinary ability or achievement. It also permits family members and, in certain cases, assistants to join the non-immigrant. O-1 status is employer and position specific. This means that an individual in O-1 status is authorized to work only for the employer who sponsored the O-1 petition and may only perform the work described in the petition. Any substantial change in employment, or a change and/or addition of a new employer requires the filing of a new/amended application. The sponsored employee must have extraordinary ability in the sciences, arts, education, business or athletics as demonstrated by sustained national or international acclaim. A petition for O-1 classification can be filed up to six months before employment begins. The employing department must provide an offer of employment; a non-immigrant may not self-petition. The employing department is responsible for return cost of transportation abroad if the non-immigrant is dismissed before the petition period expires. The O-1 has an initial period of stay of up to 3 years with one-year extensions thereafter (no maximum cumulative duration limit as H-1B.) J non-immigrants 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). After obtaining the initial O-1 status, O-1 status can be extended within the US The spouse 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 U.S. The O-1 non-immigrant category allows for “dual intent.” Under the doctrine of dual intent, the fact that a U.S. employer has filed a labor certification, or an individual has filed a permanent residence petition on behalf of the non-immigrant, shall not be a basis for denying the O-1 petition, a request for extension of stay, admission to the United States, or change of status to that of O-1 non-immigrant. However, O-1s cannot retain their O-1 status when traveling outside the US while adjustment of status is pending and would need a special travel document for international travel. Policy on the Use of Outside Immigration Counsel for O-1 Applications Effective August 15, 2008, the University established a policy under which outside immigration counsel will process O-1 applications. OIP-ISSS will screen the applications prepared by authorized outside counsel to ensure that each application accurately represents the University. Only the designated firms will be able to represent the University in O-1 cases, unless determined otherwise by OIP-ISSS or the Office of General Counsel. Please note that only OIP-ISSS is authorized to sign any immigration-related applications representing the University. General immigration questions should be directed first to OIP-ISSS at 215-898-4661. An attorney on the retained immigration counsel list should be contacted only about a specific matter which he or she has been retained to handle. Penn departments or employees may contact an attorney on the retained counsel list to ask questions about the firm’s services (i.e., experience handling similar cases, the amount of time it typically takes to complete this type of case, language skills, etc.). In order to initiate the O-1 process for an employee, the department should complete the *Aliens of Extraordinary Ability O-1 Request Form, selecting the firm with which it would like to work. If the department does not know which firm to choose, it may contact OIP-ISSS for more information. Click here* for the Penn Outside Legal Counsel Program website for details on the authorized law firms, the summary of fees, billing, processes, etc.
	International Programs Penn Abroad \| ISSS \| International Travel and Research