O-1 Temporary Workers
O-1 temporary workers possess extraordinary ability, are among the top 1–2% of individuals who have risen to the very top of their field, and are coming to the United States to continue work in their area of extraordinary ability on a temporary basis. At Emory, O-1 status can be used to bring temporary faculty, researchers, or other professionals to the US. O-1 scholars must demonstrate extraordinary ability by sustained national or international acclaim. The hosting department must also demonstrate that the position requires someone of extraordinary ability.
Note: This is not the right status for someone who demonstrates potential for rising to the very top of their field.
Resources:
- Choosing the Right Immigration Status (pdf)
- USCIS O-1 Visa: Individuals with Extraordinary Ability or Achievement
Length of Stay
O-1 status is initially granted for up to three years. Extensions can be granted in one-year increments, and technically there is no maximum length of stay. However, since O-1 is meant to be a temporary employment status, ISSS recommends that scholars use caution if they are pursuing a stay of longer than six years. USCIS might deny applications or require further proof of the temporary nature of the employment.
O-1s may enter the US up to ten days prior to the start date on the I-797 approval notice and may be granted a ten-day grace period after the end date on the I-797 approval notice. To confirm the grace period given, O-1 scholars should should check the I-94 each time they enter the US. The ten-day grace period is not automatically given and is up to DHS discretion. O-1s cannot work during the grace periods.
Dependents
O-1 scholars can bring their spouse or unmarried children under the age of 21 with them to the United States as O-3 dependents. O-3 dependents can't be employed in the US, but they can study full time. For more information, please visit ISSS' Bringing Family page.
Maintaining O-1 Status
O-1 scholars have a number of immigration responsibilities, including reporting any changes in their employment, keeping their local address updated with USCIS, and more. For information, please visit ISSS' Maintenance of International Scholar Status page.