O-1 Visa
O-1 visas are designed for those foreign nationals who have and can prove "extraordinary ability in science, education, business or athletics" according to 8 CFR Section 214.2(o)(3)(iii) .
The O-1 can be requested for the duration of a project, but it cannot be requested for more than an initial 3 years. All extensions are granted in increments of one year.
The beneficiary must prove evidence of extraordinary ability or sustained international or national acclaim. This can be done by showing receipt of major internationally recognized award, such as Nobel Prize, or by documenting at least 3 out of 8 criteria. A resume should be submitted, but evidence supporting the resume is essential.
Note: Meeting 3 out of 8 criteria is no longer a guarantee that the case will be approved.
NC State University cases must be filed at the Texas Service Center; the Texas Service Center is looking more rigorously at what makes a beneficiary extraordinary.
If the US Citizenship and Immigration Service (USCIS) does not believe that the beneficiary is "extraordinary," they will either send an "intent to deny" and provide the beneficiary with a chance to supplement his/her case, or they will deny the case outright.
The filing fee for an O-1 Visa is $192.00.
A premium processing of $1000, in addition to the filing fee, can be used to expedite O-1s.
O-1 Visa Extensions
O-1 extensions must include additional evidence proving the extraordinary ability of the foreign national.
Note: Most O-1 employees are also eligible for H-1Bs, and it is often advisable that the O-1 employee change status to an H1-B rather than risk denial of an O-1 extension.