O-1 Persons of Extraordinary Ability

The O-1 classification is an employment-based immigration status established by US Citizenship and Immigration Services (USCIS) for the employment of individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics. Boston University must demonstrate in a petition to USCIS that the individual is among a small percentage of scholars who have arisen to the very top of their field of endeavor by submitting substantial documentation of academic achievements and awards as well as letters of recommendation from other experts in the field. Because of the complicated and time consuming nature of an O-1 application, the O-1 classification is generally only considered a viable category for long-term, full-time employment if there are no other appropriate classifications available to employ faculty or researchers.

Boston University submits an application on behalf of the employee and can request a maximum initial authorization of three years depending on the length of the academic appointment. Because of the strict requirements and categories for qualification established by USCIS, Boston University policy restricts O-1 sponsorship to senior long-term teaching and research positions.

To initiate processing, the host department must obtain an official academic appointment on behalf of the international scholar through the standard appointment channels at the school or college and follow the instructions on the appropriate Scholar Processing Checklist for O-1. It is recommended that the department consider the ISSO processing estimates when requesting an academic appointment and completing the international scholar request forms. The department must supervise the completion of the necessary request forms and work with the prospective O-1 scholar to gather documentation referencing academic achievements, awards and letters of reference strongly qualifying the candidate as an expert in his/her field of endeavor. The supervisor should submit the forms to the ISSO with all supporting documentation at least six months prior to the anticipated start of employment. The ISSO must receive all required documentation before processing can commence.

USCIS currently requires at least five months to evaluate and approve a pending O-1 application so the department must plan in advance when hiring an international employee in the O-1 classification. The department can choose to pay a $1000 fee to USCIS to expedite the application. Regardless of the type of service requested, the premium-processing service does not affect the time the ISSO needs to process the initial steps of the application. Once USCIS approves the application, the ISSO staff will forward that approval to the prospective employee so he/she can then visit a US Embassy or Consulate to apply for an O-1 visa, which will enable the scholar to enter the US and commence employment.

Once the O-1 employee arrives in the US , he/she must report to the ISSO within three days from the start of employment. Boston University is required to monitor the employment of the H-1 employee as well as the activities of their O-3 dependent family members throughout their stay in the US . The O-1 employee must understand that O-1 authorization only allows for employment in the position specified on the original O-1 application submitted to USCIS. In addition, the international O-1 employee must agree to adhere to all O-1 immigration regulations, notify the ISSO staff and USCIS of any changes in residential address, notify the ISSO of any changes to the activity and location of O-3 dependent family members and consult with an ISSO staff member prior to departing the US .

The O-1 classification is title and employer specific. Therefore, the department member supervising the international scholar must contact an ISSO staff member to initiate an amended petition prior to any changes to the employee's activities including, but not limited to, changes in employment, remuneration, location of employment, duration of appointment, change in immigration status and termination of activity. Failure to comply with these regulations may jeopardize the lawful immigration status of the visitor, his/her family as well as Boston University 's ability to sponsor international scholars in the future

Click here to view the Processing Checklist and download required Forms

ISSO
Boston University
February 28, 2005