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O-1 Visa: For Persons of Extraordinary Ability

The O-1 visa classification permits an employer to petition for an alien to come to the U.S. on a temporary basis to continue to work within his or her area of extraordinary ability or achievements. The O-1 visa classification includes aliens having sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business, and athletics, or aliens having a demonstrated record of extraordinary achievement in the motion picture and television industries. The O-1 visa category does require considerable documentation and appears to be best reserved for the most highly qualified guest professors, researchers, and artists with a high level of expertise (top in their field).

An O-1 Petition can initially be applied for up to three years with one-year incremental extensions allowed. There is no absolute limit on the time an O-1 can remain in the U.S. as long as he/she continues the same work. If the employer terminates the employment early, the employer is responsible for reasonable costs of returning the alien to his or her last place of residence before the alien's entry to the U.S.

To be eligible for an O-1 visa: The international faculty or research scholar must provide extensive documentation to the International Center with evidence that he/she has received international recognition on the level of the Nobel Prize or similar standing. The Tufts Sponsoring department will need to provide proof that the individual has demonstrated national or international acclaim in his/her field. In many instances, it is necessary for the department to gather documentation from a "peer group" attesting to the applicant's outstanding qualifications. There is dual intent with the O-1 visa, so an individual can be holding a permanent position, such as tenure-track. An individual can apply for an O-1 visa even if he/she is subject to the two-year foreign residence requirement.

O-3 Visa Holders (dependents of O-1s): The spouse and dependents (unmarried children under 21 years) of an O-1 are subject to the same limitations of stay as the
O-1. No employment is permitted. They may attend school so long as the educational program does not include paid employment (e.g., co-op; research assistantship, etc.).

Transfers/Terminations/Change of Visa Status: Once someone is in the U.S. in valid "O" classification, he/she must maintain legal immigration status at all times. The validity date of an O-1 worker is determined by the expiration date on their Form I-797, O-1 Approval Notice or by his/her last day at Tufts, whichever comes first. All requests for transfers or change of visa category must be processed prior to the expiration date mentioned above.

Visa Processing Fee. The International Center charges all Tufts departments a fee for the processing of all O-1 visas. The fee structure is as follows: $1,000 for any initial or extension of an O-1 Petition. There will be additional USCIS filing fees which can be incurred by either the Tufts department or the international research faculty or scholar.

Learn more about the O-1 Visa >>