O-1 Worker of Extraordinary Ability

The O-1 nonimmigrant category is for the employment of individuals who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business, athletics, and other fields. For people who will be working for Carnegie Mellon status, O-1A is the most common status used, with O-1B used in limited circumstances. Like an H-1B petition, when someone is working for Carnegie Mellon, the employer (not the individual) is the petitioner. Carnegie Mellon applications are "employer-specific" in that the worker must be specifically authorized for each employer for the specific period of time requested in the application to USCIS.

Students/scholars in the arts who are seeking immigration options for employment outside of Carnegie Mellon may be able to use O-1B status for individuals with extraordinary ability in the arts. It may be possible to petition for O-1 status using an agent as the petitioner and work at multiple paid events or activities (note: employment at Carnegie Mellon cannot be done through an agent agreement).

The O-1 may be requested for up to three years, initially, with extensions up to one year after that. There is no maximum duration (unlike the H with a maximum of six years). O-1 is sometimes used by exceptionally talented individuals who have already fully used their six years in H-1B status.

An additional advantage is that someone in J status who is subject to the two-year home residency rule is not required to seek and obtain a waiver. If an individual cannot obtain a waiver of the 212(e) requirement, O-1 may be an option when H-1B is not (since the waiver is required for an H-1B petition.)

The application process has some features in common with the H-1B petition. However, the supporting documentation is examined much more carefully by USCIS and must show that the individual is extraordinary in their field. OIE does not process O applications and there is no Labor Condition Application (LCA) process however departments considering hiring or sponsoring someone for O-1 status must first consult with OIE to determine if this is the best option to use for that individual. Departments will need to use one of Carnegie Mellon’s pre-approved Immigration Attorneys to process an O-1 petition. The attorney will file the petition and will receive the original USCIS Approval Notice when it arrives. To begin employment, the individual must have their original Approval notice, I-94 indicating O-1 status and their valid passport. If the person does not have a U.S. Social Security number, they will need to apply for one after receiving the O-1 Approval Notice.