O-1 Classification
The O-1 classification applies to an individual who has extraordinary ability in the sciences, arts, education, business or athletics, which has been demonstrated by sustained national or international acclaim, and who is coming to the U.S. to work in the area of extraordinary ability. The services the individual will perform must involve a "temporary" event or project, such as a scientific project or academic year.
The O-1 classification may be used to employ an individual who is subject to the two-year home residence requirement from a prior J Exchange Visitor Program and is therefore prohibited from holding the H-1B Temporary Worker status.
Eligibility for the O-1 Classification
An O-1 Extraordinary Ability petition must be accompanied by evidence as follows:
- Receipt of a major internationally recognized award, such as the Nobel Prize; OR
- At least three, but preferably more, of the following forms of documentation:
- Documentation of the foreign national's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
- Documentation of the foreign national's membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
- Published material about the foreign national in professional or major trade publications or other major media, relating to the foreign national's work in the field for which classification is sought. Such evidence shall include the title, date, and author of the material, and any necessary translation.
- Evidence of the foreign national's participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought.
- Evidence of the foreign national's original scientific, scholarly, or business-related contributions of major significance in the field.
- Evidence of the foreign national's authorship of scholarly articles in the field, in professional journals, or other major media.
- Evidence that the foreign national has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
- Evidence that the foreign national has either commanded or will command a high salary or other remuneration for services, as compared to others in similar positions, evidenced by contracts and other reliable evidence.
In addition to one of the two above, the petition must include written evidence from an appropriate peer group describing the foreign national's ability and achievements in the field of endeavor and stating whether the position requires the services of a foreign national of extraordinary ability. A peer group is an organization comprised of practitioners in the foreign national’s field. If there is a collective bargaining representative of employees in the occupational classification, such a representative may serve as the appropriate peer group.
How to Apply
UC Davis will consider filing O-1 petitions for scholars:
- who meet the evidentiary requirements,
- for whom another status would not be available and effective, and
- for whom the host department is proposing an appointment in a faculty or full-time professional research position.
The sponsoring department is encouraged to email Kim Haky, Senior Immigration Advisor, the individual’s CV and Google Scholar citation link for a preliminary assessment. If the O-1 option appears viable, the department should complete the O-1 Request Form through iGlobal. Please contact Kim Haky directly for O-1 questions.
Forms
All forms can be found in the Department Forms section of our website.