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O-1 Employee

Alien of Extraordinary ability is a non-immigrant, employment-based status reserved for those who have reached a level of expertise indicating that they are one of the small percentage who has arisen to the very top of their field of endeavor.

O-1 Defined

Alien of Extraordinary Ability

Is the FN an Alien of Extraordinary Ability?

“Extraordinary ability in the field of science, education, business, or athletics means a level of expertise indicating that the person is one of the small percentage who has arisen to the very top of their field of endeavor.”

Advisory Opinion from a Peer Group

Can the FN obtain an Advisory Opinion from a peer group?

A peer group is a person with expertise in the FN’s field or a group/organization composed of practitioners in the FN’s occupation/field of extraordinary ability.

An acceptable Advisory Opinion describes the alien’s ability/achievements in field, duties to be performed & whether the position requires someone of extraordinary ability.

Can the FN document national or international acclaim in their field?

The FN must be able to provide substantial evidence demonstrating their extraordinary ability in the sciences, education, business or athletics.  The FN must be able to present evidence that they satisfy at least three (3) of the required eight (8) criteria in addition to being either nationally or internationally recognized in their field.

To show national or international acclaim as an O-1 Alien of Extraordinary Ability the FN must present evidence of at least three (3) of the eight (8) criteria listed below.

1. Receipt of nationally or internationally recognized prizes or awards;

2. Memberships requiring outstanding achievements;

3. Published material about the alien, relating to the alien’s work.  Includes title, date, author and any translations;

4. Participation as a judge of the work of others in the same/allied field, i.e.: referee, reviewer, etc.;

5. Original scientific, scholarly,  . . . contributions of major significance in the field (6-10 expert letters);

6. Authorship of scholarly articles in the field, in professional journals, or other major media;

7. Employed in a critical or essential capacity for organizations or establishments that have a distinguished reputation; and/or

8. Commanded or will command a high salary or other remuneration for services, evidenced by contracts or other reliable evidence.

Forms & Fees

O-1 Information Packet

Fee Structure and Services Provided for Employment-based Non-Immigrant and Immigrant Petitions

  • Effective July 2nd, 2012, IFS increased office processing fees.

Services Provided at No Cost by IFS

Initial consultation and/or referral to a UA approved attorney.

Services Included in Fees

  • Processing of petition (I-129, I-140 & DS-2019).
  • Federal Express to USCIS.
  • One (1) copy of petition.

Associated Expenses Not Included in IFS Fees

  • SEVIS and visa fees.
  • Translations, copies, educational and/or credential evaluations associated with initial petition and/or Request for Evidence (RFE).
  • Review of employment-based PR applications filed by a UA approved outside attorney.
  • All USCIS fees, including, but not limited to:
    • Application fee (varies by petition).
    • $500 Anti-Fraud fee (H-1B’s only).
    • Premium processing fee ($1,225 optional).
    • List of current USCIS fees.
Regulations

O-1 status is governed by 8 CRF §214.2(o).

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