O-1: Individuals with Extraordinary Ability or Achievement 

• Overview

  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.  O-1 scholars must demonstrate extraordinary ability by sustained national or international acclaim.

  Period of Stay/Extension of Stay

  • O-1 status is initially granted for up to 3 years.
  • Extensions can be granted in 1-year increments, and technically there is no maximum length of stay. However, since O-1 is meant to be a temporary employment status, we recommend consulting with VIS if extending beyond 6 years.

  More Info

• Initiating an O-1 Request

  Initiating an O-1 Request

  Required Lead Time

  Employers should start the O-1 visa petition process at least 4-6 months before the desired start date.

  Step 1: Confirm the prospective O-1 has an Empl ID

  Confirm the prospective employee has an Empl ID (Stony Brook ID#) in PeopleSoft.  If creating the ID, allow 24-hours for the profile to be updated in accessVIS before initiating the request.

  Step 2: Check that all information in PeopleSoft is correct

  Ensure that the employee’s date of birth, email, and citizenship (must indicate “Alien Temporary”) are correct in PeopleSoft - incorrect information will affect the employee’s ability to login.

  Step 3: Prepare the required documents

  In order to submit the Immigration Counsel Referral Request successfully, you will need scanned copies of the following documents:

  • Letter of Offer/Employment Contract
  • Description of proposed duties (i.e. personnel requisition)

  Documents uploaded in accessVIS must be in PDF format. Files exceeding 100MB must be compressed before uploading to avoid an error message.

  Step 4: Initiate the Immigration Counsel Referral request

  Submit the "Immigration Counsel Referral" in accessVIS so we can begin the process of collecting the initial information required for the referral.  Upon submission of this form, an email will be sent to the Dean (or equivalent) of your unit to certify their acknowledgment of the College/Division's willingness to comply with the conditions noted in the Labor Condition Application.

  Step 5: Wait for the employee to submit their biographical information

  Upon submission of the Immigration Counsel Referral request form in accessVIS, the employee will receive an email prompting them to submit their portion of the request in accessVIS. 

  The request process for hiring an international employee in O-1 status remains a paper-based request.  Please contact VIS if you wish to submit such a request.

  Step 6: Screening against Deemed Export Controls

  Once the employee has submitted the Employee Biographical Information eform, VIS will request for the employee to be screened against Deemed Export Controls.

  Step 7: VIS will conduct a preliminary review

  Upon submission of all required forms the department will be notified and the request will be assigned to an International Scholar and Faculty Advisor for review.

  Please allow 5-7 business days for review. Should the advisor have any questions, they will contact you directly.

  Once the application is completed and referred, the employee will receive communication directly from the SUNY Immigration Counsel firm. 

   

• O-1 Legal & Application Fees

  O-1 Legal & Application Fees

  The following legal and government fees could be paid either fully or partially by the employee, if desired.

  ---

  Legal Fees

  O-1 petitions are referred for processing by the SUNY-approved immigration counsel firm. The immigration counsel firm charges a $3,900 legal fee for processing.

  ---

  USCIS Fees

  USCIS fees are required for all O-1 petitions. The SUNY-approved immigration counsel firm (Harris Beach) will front the payment of these fees and issue an invoice to departments to pay within 30 days from the date of notice.

  • $460: Standard filing fee for O-1 petitions
  • $2,805: Premium Processing is an expedited service that is available for O-1 petitions. USCIS guarantees that within 15 days they will issue either a final adjudication decision or a Request for Evidence (RFE). If USCIS fails to process the petition within 15 days, it will refund the fee. Premium Processing may be requested simultaneously with the USCIS petition or at a later date, if necessary.

  In the event a request for evidence (RFE) is issued, or additional services are required, departments will first be notified of any additional legal fees.