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O-1 Visa - Extraordinary Ability
The O-1 nonimmigrant category is a temporary work visa for individuals who possess extraordinary ability in the sciences, arts, education, business or athletics, or who have demonstrated extraordinary ability or achievement in the motion picture or television industry.
O-1 status is reserved for individuals who have risen to the very top of their field. Approval by U.S. Citizenship & Immigration Services (USCIS) requires strong evidence of extraordinary ability or achievement. The O-1 visa is employer-specific and position-specific.
Eligibility
To qualify for an O-1 status, an individual must provide evidence of the following:
- Receipt of a major, internationally recognized award (e.g., the Nobel Prize), or
- Documentation that meets at least three of the following criteria:
- Receipt of nationally or internationally recognized prizes or awards for excellence in their field.
- Membership in an association that requires outstanding achievements of its members, as judged by nationally or internationally recognized experts.
- Published material in professional or major trade publications or major media about the individual's work.
- Participation on a panel or individually as a judge of the work of others in the field.
- Letters from leading experts confirming original scientific, scholarly or business-related contributions of major significance.
- Authorship of scholarly articles in professional journals or other major media.
- Employment in a critical or essential capacity for an organization or establishment that has a distinguished reputation.
- High salary or other ignificant compensation (typically not applicable to academic roles) commanded by the individual for their services.
- Other comparable evidence.
Specifics of Approval
- The O-1 visa is employer-specific: You may only work in the position listed in the petition submitted by Clemson University.
- To work for multiple employers, each employer must file a separate O-1 petition.
- If you are dismissed before the end of the visa period, the employer is responsible for the reasonable cost of return transportation.
- Upon approval, your Form I-94 should match the end date on the O-1 petition. Be sure to print and retain a copy each time you re-enter the U.S.
- You must actively pursue the intended activity at Clemson to maintain status.
Other Considerations
Changes in Employment
- Significant changes in job duties, title, salary, or department may require a new or amended O-1 petition.
- Contact Immigration Services before making any employment changes.
Public Assistance Restrictions
- Nonimmigrant visa holders and their dependents are not eligible for most public benefits.
- Accepting certain types of assistance may affect future immigration benefits or entry into the U.S.
Change of Address
- All non-immigrants are required to notify USCIS within 10 days of a change of residential address. Please follow the instructions on USCIS’ website.
- You must also notify Immigration Services of the new address via email at empvisa@clemson.edu.
Dependents
- Spouses and unmarried children under 21 may apply for O-3 dependent status.
- O-3 dependents are not permitted to work but may attend school full-time.
Social Security Numbers (SSN)
- O-1 holders are eligible to apply for an SSN 10 days after arrival in the U.S. in O-1 status.
- Required documents when meeting with SSA include passport, I-94, and a letter from your employer.
- For more information, visit: www.ssa.gov or call 1-800-772-1213.
Travel Requirements
For O-1 Visa Holders:
- Valid O-1 visa stamp in your passport (not required for Canadian citizens)
- Original Form I-797 (O-1 Approval Notice)
- Copy of Form I-129 (O-1 petition)
- Valid passport
- Current letter from Clemson confirming your employment
For O-3 Dependents:
- Valid O-3 visa stamp in passport (not required for Canadian citizens)
- Valid passport
- Copy of O-1 primary visa holder’s Form I-797 or dependent's O-3 Approval Notice
For O-3 Dependents:
- Valid O-3 visa stamp in passport (not required for Canadian citizens)
- Valid passport
- Copy of O-1 primary visa holder’s Form I-797 or dependent's O-3 Approval Notice
Extensions
- O-1 visas are initially valid for up to 3 years, with one-year extensions available.
- To extend O-1 status, evidence of continued employment and extraordinary ability is required.
- Petitions must be filed before the current status expires. Once filed, you may continue working for up to 240 days while waiting for approval.
- If traveling internationally after extension approval, you may need a new O-1 visa stamp to re-enter the U.S.
Transitions and Leaving Clemson
Coming from Another U.S. Employer:
- A new O-1 petition must be filed by Clemson before your start date to transfer sponsorship.
- O-1 petitions can be filed up to six months before the current O-1 expires.
Leaving for Another U.S. Employer:
- Your new employer must file a new petition. Coordinate with them to plan your transition timeline.
Leaving Clemson & Leaving the U.S.:
- Notify both your hiring department and Immigration Services.
- If departing the U.S. earlier than planned, inform Immigration Services so USCIS can be notified.
- There is no official grace period following the end of O-1 employment.
Questions?
Additional Resources
For assistance or more information on O-1 visas, contact Immigration Services at empvisa@clemson.edu and refer to official U.S. government resources below.
Learn more at USCIS – O-1 Visas: Individuals with Extraordinary Ability or Achievement