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Cornell University

International Services

Office of Global Learning

Sponsor O-1 Extraordinary Ability

  • Sponsoring Faculty/Staff

This page is for Cornell administrators. O-1 faculty and staff: Please visit the O-1 section of our Visa Basics page for scholars to learn more about your visa type.

About the O-1 Visa

O-1 is a nonimmigrant, employment-based visa classification for individuals with extraordinary ability in the sciences, education, business, or athletics. International Services will file this application for qualified individuals holding academic positions who do not qualify for other visa statuses, such as H-1B or J-1. Cornell does not file agent-sponsored O-1 petitions.

An employer must file a petition for the worker, along with evidence of extraordinary ability. Such petitions are a substantial amount of work for the employee. Typically, the individual’s entire professional career must be documented and supported with evidence. 

Two-Year Rule

Individuals who are subject to the two-year home-country residency requirement under a previous J-1/J-2 classification are eligible to apply for an O-1 visa, but they are not eligible for a change to O-1 status within the United States. They must apply for an O-1 visa abroad and reenter the United States with O-1 status. 

O-1s for Academic Positions

Cornell will file O-1 petitions only for academic positions. In most cases, these positions require a PhD. Refer to the policy and list of approved academic titles.

How to Apply for O-1

1 Employee Must Meet with International Services.

Interested employees are required to discuss their eligibility with an International Services advisor before Cornell files an initial O-1 petition on their behalf. To request the meeting, interested employees must complete the consultation form in myStatus. The form can be found under "University Employment."

During the consultation, we review the O-1 materials and process and answer any questions. 

2 Employee Prepares Draft Evidence.

To qualify for an O-1 visa, the beneficiary must demonstrate extraordinary ability by sustained national or international acclaim and must be coming to the United States temporarily to continue work in the area of extraordinary ability. As part of the evidence, the employee must obtain reference letters from recognized experts in the employee’s field.

The employee will put together a draft of the O-1 materials and send them to International Services to review. Once approved and finalized, the O-1 employee must provide International Services with a printed copy of the O-1 materials. 

O-1A Criteria for Sciences, Education, Business, or Athletics

The supporting documentation for an O-1A petition must include evidence that the employee has received a major internationally recognized award (such as the Nobel Prize) or satisfies at least three of the following criteria:

  • Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor
  • Membership in associations in the field, which require outstanding achievements of their members as judged by recognized national or international experts 
  • Published material about the employee in professional or major trade publications or major media
  • Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field 
  • Original 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
  • Evidence that the employee has either commanded a high salary or will command a high salary 

3 Initiate the Application (Hiring Unit).

Once International Services has reviewed the draft materials, the hiring unit submits an O-1 request in myStatus. The O-1 employee is then prompted to submit their portion of the application materials. 

Initial requests can be submitted for up to three years of O-1 status, whereas extensions can be for up to one year. 

As part of the request, the department will be prompted to upload a department support letter. This letter must list the requested O-1 dates, the O-1 employee’s salary, and provide a detailed explanation of why the O-1 employee’s work is extraordinary in their field. 

4 Submit the Petition (International Services).

When International Services receives the printed O-1 materials, myStatus request, and confirmation of fee payment, we will file the petition with U.S. Citizenship and Immigration Services (USCIS). 

5 Troubleshooting as Needed. 

It is not uncommon for initial O-1 petitions to receive a request for evidence (RFE). If we receive an RFE, we will reach out to the department and O-1 employee for more information, as needed. International Services will submit the RFE response to U.S. Citizenship and Immigration Services (USCIS). 

6 Receive the Decision. 

USCIS reviews the case. If the petition is approved, we will notify you (the hiring unit) and the employee. This part of the process usually takes several months, depending on current federal processing times. If the petition is filed with premium processing (optional additional fee), USCIS’s processing time is 15 business days. 

Timing of Petition

Please note that we cannot guarantee that an O-1 petition will be approved by any specific date. We can only provide estimates of the timing. 

When to Apply

  • It takes most people at least three to four months to prepare their O-1 evidence.
  • It is not uncommon for initial O-1 petitions to receive a request for evidence, which slows down processing.
  • Employees who are subject to the two-year rule will also need time to apply for an O-1 visa stamp and enter the U.S. in O-1 status.
  • O-1 petitions can be filed with USCIS six months before the requested O-1 start date. 
  • International Services recommends starting the process as early as possible, as O-1s usually take longer than H-1Bs and other visa classifications. 

Premium Processing

There is a premium processing option that reduces USCIS's processing time for O-1 petitions. This option requires payment of the premium processing fee and guarantees a response within 15 business days of the petition being received by the federal government. This fee is in addition to the filing fee. 

If USCIS decides that more information is required and sends an RFE, the 15-day clock begins again when USCIS receives the requested additional evidence. 

O-1 Extensions 

An initial O-1 petition can be filed for up to three years. Subsequent extensions may be for no more than one year at a time. There is no limit to the number of possible one-year extensions. 

Once an O-1 has been approved, subsequent extensions require a reassessment of the O-1's extraordinary contribution to the field. The process is similar to an initial O-1, but International Services does not need to meet with the O-1 employee or review their materials. 

Once International Services has received the receipt notice, an O-1 employee can typically work for up to 240 days while the O-1 extension is pending. 

Change of Employer

In most cases, Cornell must file a new O-1 petition on behalf of an employee who is working in O-1 status with a different employer. 

  • O-1 petitions are not transferable between employers. 
  • If an employee decides to change employers, they must begin the entire process again. 
  • Cornell must have received the physical approval notice from USCIS before the O-1 employee can begin their Cornell employment. There is no “portability” clause that allows O-1 employees to begin work while the petition is pending. 

Concurrent Employment

O-1s may have more than one O-1 petition active—in other words, more than one O-1 employer. Each employer files its own O-1 specific to the job and duties the O-1 employee will have at that place of employment.

Please let International Services know if your O-1 employee has an O-1 petition somewhere besides Cornell, if the additional O-1 is concurrent with the Cornell position. 

Non-Cornell O-1s 

It is possible for an individual, agent, or attorney to petition for O-1 status. For example, an agent could submit a petition for a famous personage to go on a speaking tour at multiple U.S. locations.

In these cases, non-Cornell O-1s may be paid only if Cornell University was named in the O-1's original I-129 petition to U.S. Citizenship and Immigration Services.

Dependents 

An O-1 employee's spouse and children under 21 may be eligible for O-3 status. 

  • O-3s are not authorized to accept employment. 
  • O-3 visa holders may apply to change their visa status to a work-authorized status if they find an employer willing to file a petition on their behalf. 

Release of Controlled Technology 

Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) determine whether a license is required from the U.S. Department of Commerce or the U.S. Department of State to allow an international employee access to controlled technology or technical data. 

Next Up: Sponsor TN Workers (Canadians and Mexicans)