What is the O-1 Visa?
- The O-1 visa is a non-immigrant employment classification for individuals of extraordinary ability or achievement in their field (sciences, education, business, athletics) or extraordinary achievement in the arts/entertainment.
- It enables a U.S. employer (such as a university) to petition for the individual so they may work in the U.S. temporarily in the area of their extraordinary ability.
- There are two main sub-categories relevant to faculty/research:
- O-1A: extraordinary ability in sciences, education, business, or athletics.
- O-1B: extraordinary ability in the arts or extraordinary achievement in the motion picture/television industry (less common for faculty).
For a faculty applicant at USC, the main things to demonstrate are:
- Extraordinary ability in the relevant academic field — meaning the person is among ‘the small percentage who have risen to the very top of the field’.
- Sustained national or international acclaim for achievements in the field.
- Evidence typically consists of:
- A major internationally recognised award OR meeting at least three of the regulatory criteria (such as published work, judging the work of others, original contributions, invited participation, high salary, membership in associations requiring outstanding achievement).
- A job offer (or employment relationship) from the petitioner (USC) in the field of extraordinary ability.
- A consultation letter from a peer group or appropriate organisation in the field, unless exempt.
Please send long CVs to immigration@sc.edu to begin the process of determining eligibility.
- USC acts as the petitioner, filing Form I-129 (Petition for a Nonimmigrant Worker) with the U.S. Citizenship and Immigration Services (USCIS) on behalf of the faculty candidate.
- The petition must show that the faculty role requires someone of extraordinary ability and that the candidate meets the eligibility criteria.
- Initial approval period is up to 3 years, with the possibility of extensions (typically in 1 year increments) as long as the extraordinary-ability work continues.
- The role must match the area of extraordinary ability (for example: a professor in a highly-recognised research field, or a distinguished scholar).
- Compared to more typical visa categories (e.g., H-1B, J-1, F-1 OPT), the O-1 is less common and expects a higher “top of the field” standard.
- No annual cap for O-1.
- A labor certification (PERM) is not required for O-1.
- Dependents (spouse, children under 21) may accompany on O-3 status, though O-3 holders cannot work.
- If the department identifies a candidate who is clearly in the top echelons of their academic field and the role requires that level of expertise, the O-1 visa is a possible route.
- The department should coordinate with ISSS early, who can assess whether the candidate meets the “extraordinary ability” threshold and assist with the petition.
- Key tasks include:
- preparing strong documentation of the candidate’s acclaim (publications, awards, membership, citations, invited talks, etc.),
- obtaining the required peer consultation letter, and
- drafting the USC job/appointment letter aligning with the extraordinary‐ability role.
- Given the high standard, if the candidate does not clearly meet “one of the small percentage at the very top of their field,” it may be more appropriate to consider other visa options.
- The department and candidate should plan for the timing: filing the I-129, factoring in USCIS processing (and possibly premium processing), and if the candidate is abroad, applying for the visa stamp once approved.
- Extensions are possible, but the continuation of the extraordinary ability work must be maintained and documented.