O-1 Status for High Achievers
Posted Feb 14, 2000

As readers of the Immigration Law Bulletin of the Law Office of Sheela Murthy are aware, there is a 6 year maximum period of stay in H status (periods of stay in all types of H status are added together). For persons awaiting completion of green card processing, this time limit can be a major cause of stress.

One possibility for those who have been recognized as experts in their field, may be the O-1 status. The O-1 is similar to the "extraordinary ability" EB-1 green card category, in that it is meant for only those select few who have risen to the top of their field. INS regulations define an O-1 as one who "has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim."

Evidence for submission with O-1 petitions can include either a major international award such as the Nobel Prize, or at least 3 of the following :

• national or international awards

• membership in organization that requires outstanding achievement

• articles about the beneficiary in professional journals or major media

• serving as a judge or reviewer of others' work

• original scientific or scholarly contributions to the field

• publication of scholarly work

• work with organizations having a distinguished reputation

• ability to command a relatively high salary

• other comparable evidence if the above are not directly applicable to the beneficiary's field

Unlike the extraordinary ability green card category, an O-1 cannot be processed as a "self-petition." Rather, an employer must file the petition. (In certain fields where self-employment is the norm, it may be possible for an agent to file the case.)

Though it is available only to a select few, the O-1 is another avenue to consider for those who maybe close to completing 6 years in H1B status. The Law Office of Sheela Murthy, P.C. has obtained O-1 approvals for such persons and it is a useful option to keep in mind, though it is not applicable to all!