Understanding O-1 Sponsorship

Overview

The O-1 visa is an employment-based visa for people with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, an individual must demonstrate that they are one of the small percentage of people who have risen to the very top of their field. At UT, the O-1 is typically used only when no other options are available. This is due to the high bar for eligibility, the lengthy processing time, and the high cost to the sponsoring department.

Eligibility Requirements

The supporting documentation for an O-1 petition must include evidence that the beneficiary has received a major internationally recognized award (such as the Nobel Prize) or at least three of the following forms of evidence:

• Documentation of the beneficiary's receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor;

• Documentation of the beneficiary'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 in professional or major trade publications or major media about the beneficiary, relating to the beneficiary's work in the field for which classification is sought, which must include the title, date, and author of such published material, and any necessary translation;

• Evidence of the beneficiary's participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization for which classification is sought;

• Evidence of the beneficiary's original scientific, scholarly, or business-related contributions of major significance in the field;

• Evidence of the beneficiary's authorship of scholarly articles in the field, in professional journals, or other major media;

• Evidence that the beneficiary has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation; or

• Evidence that the beneficiary has either commanded a high salary or will command a high salary or other remuneration for services, as evidenced by contracts or other reliable evidence

Process

All O-1 petitions are prepared and filed by an outside immigration attorney on contact with UT. If the hiring department believes that the employee meets the eligibility requirements, they should contact ISSS to ask to initiate the O-1 sponsorship process. ISSS will evaluate the case and determine if any other options for work authorization are available. If O-1 is the best option, ISSS will ask the department to complete the O-1 Petition Request Form. After receiving the completed form, ISSS work with the General Counsel’s Office to authorize the immigration attorney to take on the case. From then on, the attorney will work directly with the department and employee throughout the rest of the process.

Timeline

The O-1 process can take 6 months or more from start to finish. This is due to the lengthy amount of time it takes most employees to gather the evidence required to demonstrate their extraordinary qualifications. A highly motivated employee who makes the O-1 petition their top priority can sometimes shorten the overall timeline, but departments should not count on this.

If the employee is outside the US, they will have the additional step of applying for a visa after the O-1 petition is approved. The visa application process could add 1-2 months or more to the overall timeline.

Cost

All costs associated with the O-1 petition must be paid by the sponsoring department/unit. The employee cannot pay the fees or reimburse the department/unit for the cost of the fees.

• $460 USCIS filing fee

• $6,000 attorney fee (approximate)

• $2,805 premium processing fee (almost always necessary, but not strictly required; speeds up USCIS’s processing)

Regulatory Background

8 CFR 214.2(o)(1)(ii)(A)(1)

8 CFR 214.2(o)(3)(ii)