O-1 Packet

O-1 Nonimmigrant Employment Authorization: Extraordinary Ability

Overview of O-1 Status
Application Process
On-going Responsibilities for Departments and Employees in O-1 Status

Overview of O-1

Purpose of O-1 visa category:

Must be able to show evidence of the following: Your OIS advisor will work closely with you to develop the appropriate combination of supporting documentation.

•Receipt of a major, internationally-recognized award, such as the Nobel Prize,

OR

•Evidence supporting at least three of the following:

• receipt of nationally or internationally recognized prizes or awards for excellence in field.

• membership in associations in the field which require outstanding achievements of their members (as judged by recognized national or international experts in the discipline or fields).

•  published material in professional or major trade publications or major media about the alien concerning the alien's work in the field (include the title, date, and author of such published material, and any necessary translation).

•  participation on a panel, or individually, as a judge of the work of others in the field.

•  scientific, scholarly, or business-related contributions of major significance in the field.

•  authorship of scholarly articles in the field in professional journals or other major media.

•  employment in a critical or essential capacity for organizations and establishments that have a distinguished reputation.

•  high salary or benefits

•  other comparable evidence.

Taken from Immigr. Proc. Handbook § 9:9

When to contact OIS:

The hiring department should contact OIS as soon as an offer of employment is made to a foreign national needing work authorization, if not sooner. Although OIS will process each O-1 application as quickly as possible, our office ideally needs at least six weeks notice for any new O-1 applications. If the foreign national is currently outside the U.S., time must also be allowed for the employee to obtain a visa at the US consulate or embassy to enter the U.S. To avoid the extra $1,000 premium processing fee, it is best to contact OIS at least five or six months in advance of the prospective O-1 start date.

Please note: Processing times at the USCIS vary and change without notice; therefore, it is best to speak directly with a member of OIS to determine the current processing time applicable for each new O-1 application.

Is the employee’s intention to remain in the United States an issue for visa issuance?

Dual intent is not a feature of O-1 status. As the application requirements for O-1 status are very similar to those of certain types of permanent residency cases, an employee interested in permanent residency should contact a member of OIS to schedule an appointment to discuss permanent residency as an alternative to O-1 status.

Is direct patient care permitted?

The O-1 is appropriate for health care providers who are leaders in their field of specialty and who can document their extensive contributions (nationally or internationally recognized.) OIS can provide an evaluation of credentials.

J-1 home residency requirement not a bar to O-1 status:

O-1 status is available for individuals who are subject to the two-year home residency requirement and who have not obtained a waiver of that requirement as long as the applicant can satisfy the requirements of O-1 qualification as outlined above.

Maximum length of stay permitted in O-1 status:

An initial O-1 petition for a particular employer is approved for a period up to 3 years , and is then renewable annually for unlimited duration as long as the work described in the application is still underway.

Salary requirements and funding source:

No specific salary amount is required for O-1 status approval, however salaries that appear to be too low for the type of work the O-1 employee will be performing for Vanderbilt may be weigh against O-1 approval. O-1 employees may receive funding from other sources such as independent grants, personal funds and foreign government funding.

Transfers of O-1 status from another U.S. employer:

If transferring O-1 status to Vanderbilt from another employer, OIS must file a new O-1 application with the USCIS for Vanderbilt employment before the foreign national terminates employment with the current employer. Failure to maintain employment with the current employer prior to filing a new O-1 application at Vanderbilt may cause serious delays in employment at Vanderbilt (e.g., the foreign national may have to leave the United States and obtain an O-1 visa abroad in order to re-enter). In addition and unlike the H-1B category, Vanderbilt must have the O-1 approval notice in order for the employee to begin work at Vanderbilt.

Transferring O-1 status from another employer involves careful timing and diligence in the application process; therefore, it is important that OIS be contacted as soon as possible when offering a position to a foreign national currently in O-1 status at another employer.

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 program objective as specified in the O-1 application. 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. For example, a Research Assistant Professor collaborating in research involving autism in one Vanderbilt department may transfer to another department at Vanderbilt as a Research Assistant Professor without the need for filing a new O-1 application with the USCIS as long as she continues to collaborate on research related to autism. OIS should be contacted PRIOR to any change in employment to clarify if O-1 status will be maintained under the specific circumstances.

Employees in O-1 status at Vanderbilt with changes in employment objective may need to file an amended O-1 application with the USCIS. OIS should be contacted by the department to determine the required documents and forms needed.

Extension of O-1 status at Vanderbilt:

Employees currently in approved O-1 status at Vanderbilt will need to extend their O-1 status before their current status expires in order to maintain lawful status and to continue working at Vanderbilt without interruption. Employees needing to extend O-1 status are encouraged to begin the process well in advance. OIS contacts such individuals six months in advance of their current expiration date to remind them of this requirement. Although an employee with a pending extension of O-1 status at Vanderbilt is authorized to continue working past the current expiration date, such an employee will not be able to travel outside the US and obtain a visa for re-entry until the O-1 Approval Notice is received. To extend your O-1 status, please follow the Application Process as outlined below.

Termination of employment at Vanderbilt while in O-1 Status:

Employees in O-1 status at Vanderbilt should be aware that their ability to remain in lawful O-1 status in the United States is directly tied to their employment at Vanderbilt . If an employee wishes to pursue other employment opportunities outside Vanderbilt, OIS can discuss options for maintaining status through the change in employment.

Employees should be aware that there is NO status grace period following termination of employment at Vanderbilt if termination occurs prior to the current O-1 expiration date.

Employees in O-1 status who are informed of an upcoming termination or lay-off should contact a member of OIS immediately to obtain advice.

Is O-1 status suitable for tenured or tenure-track faculty?

Yes, tenure track positions in general qualify for O-1status.

Dependent family members in O-3 Status:

Dependents of O-1 holders (children under 21 and spouses) are eligible for O-3 status. This status can be obtained at the U.S. Consulate or Embassy if the dependents reside outside the U.S. If the dependents reside in the U.S., then OIS can assist in filing an application for O-3 status with the USCIS. Dependent family members MUST obtain O-3 status if inside the United States UNLESS in another nonimmigrant category (i.e., F-1 student status, H-1B status, J-1 status).

Dependent family members in O-3 status are NOT authorized to work while in the United States . Dependents in O-3 status may NOT receive any income while in O-3 status. They may volunteer ONLY in traditional volunteer positions that are advertised as such. Fore example, family members may volunteer at a local non-profit agency in Nashville only if the position is advertised as a “volunteer” position. Dependent family members may NOT “volunteer” or work without pay in positions that are normally paid positions . For example, family members in O-3 status may NOT “volunteer” or work without pay at Vanderbilt performing duties that Vanderbilt employees are normally paid to do for a trial period or to obtain experience.

Dependents in O-3 status may study or take courses at local universities or colleges; however, if they choose to study full-time, they should consider changing to F-1 student status.

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If you are a foreign national seeking O-1 work authorization at Vanderbilt, you must have an offer of employment in order to begin the O-1 application process. If you are currently living in the Nashville area and are filing a NEW O-1 application at Vanderbilt (does not apply to extensions and amendments of status), then OIS requires that you meet with an Immigration Advisor in order to begin the O-1 process. If you are not living in the Nashville area, you should contact OIS to schedule a telephone appointment with an Immigration Advisor. All O-1 applications for employment with Vanderbilt are filed by OIS; however, in limited circumstances OIS may need to refer your case to a Vanderbilt-authorized private immigration attorney. Generally these circumstances will involve timing issues and/or current OIS case load.

O-1 PROCESS:

OIS uses an online case-management system for O-1 applications and ongoing case management. All types of O-1 applications (i.e., change of status, transfer, extensions, amendments, consular) are processed using this online case-management system and follow the process outlined below. Please read these step-by-step instructions carefully:

1. The foreign national contacts OIS to set an appointment ( unless extending or amending current O-1 status at Vanderbilt).

2. The department completes the O-1 PACKET and submits it to OIS

3. OIS Administrative fees to initiate case:

• A new O-1 application (new O-1 employee to Vanderbilt or amendment of program objective) must be accompanied by an administrative & legal services fee of $3000, to be paid by 1180 to OIS.

• O-1 extension applications must be accompanied by a $2000 Fee paid by 1180 to OIS.

Foreign National:

4. OIS will send log-in and password information for the online case management system. The foreign national logs-in at www.welcomeclient.com and completes the online questionnaire. Click here for instructions for completing the FN questionnaire.

5. The foreign national will need to complete and sign pages 5-9 of the O-1 PACKET and submit all the required support documents as indicated in the packet. Examples of required support documents include copies of passport biographical pages, I-94 cards, degrees, transcripts, C.V./Resumes, and current status documents. Note: A foreign credential evaluation for U.S. equivalency is REQUIRED for ALL H-1B applications of foreign nationals whose degree was received outside of the U.S.

The foreign national will need to work closely with his/her OIS advisor during this stage of the application process in order to gather all required supporting documentation and letters.


6. Dependents: If your spouse or child (residing inside the United States) is applying as a dependent family member, you must also provide the following:

• Form I-539 completed and signed by spouse (or eldest child, if spouse is not applying ). This form may be found at www.uscis.gov.
• Supporting documents as indicated in the case-management system. Examples of required support documents for dependents include copies of passport biographical pages, I-94 cards, and proof of relationship (i.e., marriage/birth certificate)

Department:

7. Prepares the following documents and submits to OIS with original signatures:

• O-1 PACKET
• Appointment letter (copy)
• Any USCIS filing fees required for employment (see below for details)

USCIS Filing Fees:

8. Hiring departments are responsible for payment of all USCIS filing fees REQUIRED for employment of the foreign national. If the $1,000 Premium Processing Fee is required for employment, then the department will be required to pay this fee as well (OIS will determine if this fee is required on a case-by-case basis).

PLEASE NOTE:

Departments will no longer be required to send the USCIS checks with the filing request. Instead, OIS only needs the cost center number (1180) and we will do the USCIS check request ourselves.

Departments must submit a completed Fee Sheet as part of the H-1B packet (please refer to page 7 of the H-1B packet).

For reference purposes, the current USCIS filing fees for H-1B applications is as follow:

• $320 I-129 Regular Processing Fee (required for ALL applications)
• $500 Fraud Prevention & Detection Fee (required for ALL applications EXCEPT amendments and extensions of H-1B status at Vanderbilt)
• $1,000 Premium Processing Fee, to guarantee 15-day processing time by USCIS (not required for all cases; only required for cases where H-1B approval is needed to maintain legal status or begin employment at Vanderbilt)

Additional Fees (not required to be paid by hiring department):

• $300 I-539 Dependent Family Member Fee (only required if dependents need O-3 dependent status)

This list does NOT include visa issuance fees levied at U.S. Consulates / Embassies for applicants outside of the U.S. Foreign nationals residing outside of the U.S. should visit the Department of State’s website at www.travel.state.gov to obtain a current list of visa issuance procedures.

Points to Remember:

The OIS internal processing time for applications varies dependent upon complications that may arise due to incomplete forms, delays in obtaining a prevailing wage determination from the Department of Labor, and OIS’ current caseload. OIS will file the application with the USCIS once all internal processing is complete and all required forms and documents have been received. OIS will notify the hiring department and foreign national once the O-1 application has been mailed to the USCIS.

OIS will again notify the department and foreign national once it receives the USCIS Receipt Notice with the case number. This number can be used to monitor USCIS internal processing of the application via the USCIS website. In addition, both the department and the foreign national can check the current status of the case via OIS’ online case-management system.

Upon receipt of the USCIS Notice of Approval, OIS will email the foreign national and department, as well as fax the department a copy of the Approval Notice. If the foreign national is new to O-1 status, he or she must meet with OIS to obtain the O-1 approval documents and receive an orientation regarding the new O-1 status at Vanderbilt. If the foreign national is outside of the United States, OIS will prepare a package of documents to send to the individual’s address overseas. The foreign national will then be responsible for scheduling an interview to obtain an O-1 visa stamp for entry into the United States.

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On-going Responsibilities for Departments and Employees in O-1 Status

Once an employee receives approval of O-1 status, Vanderbilt and the employee must maintain compliance with O-1 federal regulations during the course of the employee's employment at Vanderbilt.

Responsibility of Departments:

• The department is required to notify OIS in advance of any employment changes related to employees in O-1 status. Such changes include changes in job title, classification status (i.e., staff to faculty), research subject, or job duties for employees in O-1 status. Some changes require that OIS file an amended O-1 application with the USCIS.

• The department must also notify OIS if an employee will be transferring to a new department at Vanderbilt, even if the job title and job duties will not change significantly. OIS asks that the previous department contact OIS, who will then contact the future department to determine the new title, job duties, salary, etc.

• The department is required to notify BOTH the employee in O-1 status and OIS if it is determined that the employee's job will be terminating prior to the expiration date of O-1 status. There is no lawful grace period for those in O-1 status after termination of employment. Termination carries SERIOUS implications for foreign nationals' lawful immigration status. Advance notice will allow employees in O-1 status to explore other job opportunities at Vanderbilt or within the U.S. OIS provides assistance to employees exiting the university and prefers to meet with such individuals well in advance of termination.

** Please read the “Overview of O-1 Status” section above for more details regarding compliance in H-1B status.

Responsibility of Employees in H-1B Status:

• Employees in O-1 status are required to notify OIS in advance of any significant changes to their employment . Examples of changes include, but are not limited to, the following: 1) Transfer to a new department at Vanderbilt, 2) Promotion to a new position, 3) Title change, 4) Change in job duties or research focus, or 5) Upcoming termination of employment. Significant changes to your employment may require that OIS file an amended O-1 application with the USCIS in order to maintain lawful O-1 status. In addition, OIS provides confidential immigration advising to employees exiting the university.

• Employees in O-1 status are required to notify OIS of a change in immigration status , such as a change to permanent residency or student status. Changes in status requires OIS to notify the USCIS. In addition, an I-9 form needs to be completed with HR Express (located at 2525 West End Ave , 2nd Floor) after consultation with OIS for any change in work authorization while employed at Vanderbilt.

• Employees are required to provide OIS with a copy of any new I-94 cards obtained during entry/re-entry to the US so that OIS can ensure continued employment authorization. Employees should also notify OIS of any travel complications while traveling abroad, such as an incorrect expiration date written on your or your family members' I-94 card. OIS will provide timely assistance with travel complications whenever possible.

• Employees should notify OIS of any issues related to dependent family members that may need our attention. For example, OIS advises dependents on the process for obtaining work authorization if such is desired since family members in O-3 status are NOT authorized to work. OIS can also provide guidance on approved volunteer activities in the community.

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** Please read the “Overview of O-1 Status” section above for more details regarding compliance in O-1 status.

Please contact OIS at ois@vanderbilt.edu or 615 343-7467 with any questions or concerns.