Overview of O-1 Status
Confirming O-1 Eligibility
Before the O-1 data collection and preparation process begins, GSS must determine that the employee is eligible for O-1 classification. In order to do so, the employee must provide these documents:
- A copy of the most recent curriculum vitae (CV);
- A research/professional statement that discusses all research or professional activities and the significance of the work and findings (if any). The research/professional statement is usually 3 - 5 pages in length. Please note that the statement will need to be understood by USCIS officers who are likely not academically trained in the employee's field.
In order to successfully petition for an O-1 visa, the following must be provided to USCIS:
Evidence that the beneficiary has received a major, internationally-recognized award, such as a Nobel Prize, or evidence of at least three, and preferably four of the following:
- Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
- Membership in associations in the field for which classification is sought which require outstanding achievements, as judged by recognized national or international experts in the field
- Published material in professional or major trade publications, newspapers or other major media about the beneficiary and the beneficiary’s work in the field for which classification is sought
- Original scientific, scholarly, or business-related contributions of major significance in the field
- Authorship of scholarly articles in professional journals or other major media in the field for which classification is sought
- A high salary or other remuneration for services as evidenced by contracts or other reliable evidence
- Participation on a panel, or individually, as a judge of the work of others in the same or in a field of specialization allied to that field for which classification is sought
- Employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation
Changes in employment and transfers of O-1 status within Vanderbilt
Employees in O-1 status at Vanderbilt should be aware that their current O-1 status only provides work authorization for employment with Vanderbilt in the employment specified in the O-1 petition. Employees in approved O-1 status at Vanderbilt may transfer within Vanderbilt as long as they continue to perform in the same specialized area of expertise. GSS should be contacted prior to any change in employment to review the position change and determine whether federal agency notification is required.
Extension of O-1 status at Vanderbilt
Employees currently in O-1 status at Vanderbilt, who will continue working at our institution, may file for an extension of O-1 status up to six months before the current O-1 expires. In order to ensure uninterrupted employment, it is essential that the O-1 extension filing reaches USCIS before the current O-1 expires so please complete the Visa Case Initiation Request in a timely manner.
Filing the O-1 extension before the current O-1 expires allows for an automatic 240 day extension of O-1 status while in the USA. Employees who travel abroad during the 240 day extension period may have to wait for O-1 approval and obtain a new O-1 visa from a US consulate before returning to the USA to resume employment. In addition, employees who travel abroad after the O-1 extension is approved must obtain an O-1 visa from a USA consulate before returning to the USA to resume employment.
Termination of employment at Vanderbilt while in O-1 Status
Employees in O-1 status at Vanderbilt are permitted to work only at Vanderbilt University. Should additional employment be desired, the new employer must file a petition for concurrent O-1 visa status.
Employees should be aware that there is no O-1 status grace period following termination of employment at Vanderbilt. However, upon entering the USA, US Customs & Border Protection (CBP) will provide an I-94 document with an additional ten (10) day grace period to allow for time to depart the USA. Please remember to request the 10 day grace period when being inspected by CBP as it can only be granted by a CBP officer. Employees in O-1 status who are informed of an upcoming termination or lay-off should contact GSS immediately.