The O nonimmigrant category is for the employment of individual aliens who have achieved and sustained national or international acclaim for extraordinary ability in the sciences, arts, education, business or athletics. The beneficiary must have extraordinary ability in these fields as demonstrated by sustained national or international acclaim. The O-1 requires complex documentation; the O-1 petition must meet certain eligibility criteria plus contain numerous letters from peers in the field describing the alien's outstanding ability.
As the O-1 has an extremely high standard to meet, ISSS will only pursue an O-1 if all other options are exhausted. Normally, this occurs when one of someone is subject to the J Exchange Visitor Two Year Home Residency Requirement and is therefore ineligible for H-1B status, a position does not meet H-1B Eligibility Criteria or an employee exhausts H-1B time. The process requires the employer to file a Petition for a Nonimmigrant Worker that includes Form I-129 and a preponderance of evidence that the individual has extraordinary ability. The evidence submitted must demonstrate that the individual is one of a small percentage who have risen to the very top of the field of endeavor. In many cases even if the O-1 application is approved, the individual must travel home, get the O-1 visa, and return to the U.S. before being able to work in O-1 status. Note that only ISSS is authorized to sign Form I-129.
The Hiring Department must understand that compiling an O-1 Petition can take between 30 to 90 days (possibly longer if the petition is extremely complicated).
Temple University is the petitioner in O-1 matters. The Hiring Department must complete and submit an O-1 Application in DestinyOne. The employee, in consultation with the department, must choose between two law firms that have been vetted and approved to prepare O-1 petitions for Temple University.
