O-1 Employees

O-1 status is a Notre Dame sponsored status designed for those individuals with:

• demonstrated extraordinary ability in the sciences, arts, education, business, or athletics;
• ability recognized by sustained national or international acclaim; and
• extensively documented achievements

“Extraordinary ability” is defined by DHS as a “level of expertise indicating that the person is one of the small percentage who have arisen to the very top of the field of endeavor”. [8 CFR 214.2(o)(3)(II)].

The O-1 process is complex and processing times can be extensive. An O-1 petition may be submitted to US Citizenship and Immigration Services (USCIS) no sooner than 6 months in advance of the requested O-1 start date. Due to fluctuating USCIS processing times, we request that you start the process with ISSA 3-6 months in advance of the requested O-1 start date.

O-1 Instructions for Departments

COMPLETE ISSA’S IMMIGRATION REQUEST FORM

The academic unit should start by completing ISSA's Immigration Request Form (IRF). ISSA will review the IRF and send an email to the academic unit that confirms the O-1 recommendation and provides information about initiating the O-1 process.

HIRING PACKET

When the academic unit decides to proceed with the O-1 recommendation, they contact the Office of the Provost, the Office for Postdoctoral Affairs, or Human Resources to complete the hiring packet.

COMPLETE FORMS IN ISSALINK

After the hiring packet is complete, the academic unit initiates the O-1 Employee Form in ISSAlink. The academic unit and employee will then complete the O-1 Employee Form.

REVIEW O-1 PETITION

Once the O-1 petition is drafted, ISSA will provide a copy of the O-1 petition to the academic unit and employee for review. Any necessary corrections will be made.

TRACKING THE PETITION

ISSA will track the progress of the O-1 petition and notify the academic unit and employee by email when the O-1 petition is mailed and receipted.

USCIS RESPONDS

When USCIS responds to the petition, ISSA will notify the academic unit and employee. If the O-1 petition is approved and the original approval notice is received, ISSA will email the academic unit and employee instructions on picking up or shipping the original approval notice. If a request for evidence (RFE) or denial is received, ISSA will reach out to the academic unit for next steps.

VISA APPLICATION

Petitions Approved for a Change of Status: The O-1 employee does not need to immediately exit and apply for a U.S. visa stamp in their passport. If they exit after their O-1 has been approved, they will be required to obtain an O-1 visa stamp in their passport before re-entering. Note: Canadian citizens do not require a visa stamp.

Petitions Approved for Consular Processing: An O-1 visa stamp is required before entering the US. The employee must apply at a US consulate abroad. A list of US consulates can be found here. The O-1 employee is generally responsible for all visa application fees.

ARRIVAL

O-1 employees may enter the US up to 10 days prior to the start date listed on the O-1 Approval Notice.

CHECK-IN WITH ISSA

Upon arrival on campus for their Notre Dame appointment, the O-1 employee should complete ISSA’s check-in form here.

ISSA Communications

ISSA is committed to keeping academic units informed of next steps and the progress of the O-1 petition for each employee. Please reach out to ISSA’s Employment Immigration Manager, Erin Clark (eclark32@nd.edu), with any questions.

Employment Changes

VISA RESTRICTIONS

O-1 employment authorization is for a specific position at the University of Notre Dame. Any changes in your employment require the prior review of ISSA. Consultation with ISSA to determine whether a new petition is required should occur 3 months prior to the anticipated change in employment status to allow sufficient time for any necessary processing which must take place. Engaging in employment not covered in the petition approval is considered a violation of status by USCIS.

END OF EMPLOYMENT

The academic unit must submit the Report H-1B, TN, E-3, O-1 End of Employment form in ISSAlink prior to the O-1 employee’s last date of employment. Per US immigration regulations, if the employer terminates employment before the end date listed on the O-1 employee’s O-1 Approval Notice, the employer is obligated to offer to pay the O-1 employee for the reasonable cost of return transportation abroad. Return transportation should be arranged no later than the end date of the O-1 approval notice or 60 days following the date of termination, whichever is earlier.

EXTENSION OF STAY

It is the academic unit’s responsibility to complete ISSA’s O-1 Employee Form in ISSAlink to extend the employee’s O-1 status. The O-1 Employee Form should be completed 3-6 months in advance of the O-1 status end date. O-1 petitions can be filed up to one year in advance.

DEPENDENTS

The spouse and unmarried minor children (under 21 years of age) of the O-1 employee are eligible for O-3 dependent status. O-3 dependents may study in the US, but are not eligible to work in the US. The O-1 employee is responsible for filing the appropriate immigration applications for dependents.

Special Notes for O-1 Status

212(E) EXEMPTION

Foreign nationals who are subject to the two-year home residency requirement based on previous participation in a J-1 exchange program are eligible for O-1 status without having to obtain a J-1 waiver of the two-year home residency requirement. To obtain O-1 status in this situation, it is likely required that the foreign national travel abroad and obtain an O-1 visa at the US consulate.

CONCURRENT O-1

An O-1 employee may have a concurrent O-1 from an agent. Outside employment authorization is only available to O-1 employees who have agents (usually artists, performers, or musicians), and the outside employment must be described within their agent-sponsored O-1 petition.