O-1 Individuals with Extraordinary Ability or Achievement

Information for UC San Diego departments on hosting O-1A Individuals with Extraordinary Ability scholars at UC San Diego. For questions about the process, contact Senior Scholar Advisor Christine Sampankanpanich.

Overview and Eligibility

The O-1A Individuals with Extraordinary Ability nonimmigrant visa is for an individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements. For general O-1 eligibility, please review the O-1 Visa: Individuals with Extraordinary Ability or Achievement page of the USCIS website.

At UC San Diego, only certain appointment titles are eligible for this nonimmigrant visa classification. Additionally, given the costs associated with the process, departments do not generally support O-1 requests. The department is willing to sponsor an individual for O-1, they will need to reach out to ifsooutsource@ucsd.edu to confirm eligibility based on appointment title. If the O-1 is supported by the department and the scholar is eligible, ISEO will work with outside counsel on the O-1 preparation and filing process.

Time Considerations and Cost

Timing of the O-1 process is challenging to predict, as it will vary considerably based on several factors:

The faculty or scholar’s ability to gather the documentation needed for the process, including letters from letter writers;
Attorney review of the case, especially in cases where a significant amount of evidence is required for the filing; and
USCIS case processing times, whether it be filed under regular processing (varies) or premium processing (15 business days).

The costs associated with an O-1 visa can vary based on several factors, including:

ISEO Oversight Fee
USCIS Filing Fees
Attorney Legal Fees
Additional Costs (if extending an O-1 for 3 years instead of 1 year)

Note: Each extension requires a new set of fees to be paid.

For a detailed cost estimate, please contact ifsooutsource@ucsd.edu. An advisor will provide personalized information based on your situation.

O-1 Visa Types and Durations

When considering the O-1 visa, keep in mind the following options:

O-1 Initial: Typically issued for 3 years.

O-1 Extension: Usually granted in 1-year increments. However, if there are significant changes to the position or duties, a 3-year O-1 extension may be possible.

O-1 Completion

The O-1 status allows for a grace period of up to 60 days or the authorized validity period, whichever is shorter, from the date of "cessation of employment." There is only one grace period per authorized validity period, and it may be eliminated or shortened at the discretion of the U.S. Department of Homeland Security (US DHS). The grace period does not grant employment authorization, but may be used, for example, to apply for a change of status, prepare to depart the country, or have another employer sponsor one for employment authorization in an appropriate nonimmigrant classification.

Comparison Chart: O-1 vs. H-1B

Comparison of O-1 vs. H-1B Visas for Academic Faculty and Scholars

	O-1 Visa (Individuals with Extraordinary Ability)	H-1B Visa (Specialty Occupation)
Eligibility Criteria	Sustained national or international acclaim; must demonstrate extraordinary ability in sciences, education, or business through evidence of recognition (e.g., major awards, publications, peer letters).	Position must require a bachelor's degree or higher in a specialized field. The applicant must have the required degree and specialized knowledge.
Standard of Proof	High; requires extensive documentation of extraordinary ability and recognition in the field.	Lower than O-1; requires evidence that the position and scholar meet H-1B requirements.
Duration	Initially up to 3 years, extendable in 1-year increments indefinitely.	Initially up to 3 years, extendable to a maximum of 6 years.
Dual Intent	Not officially recognized; intent to immigrate could be scrutinized.	Recognized dual intent; can apply for a green card while on H-1B.
Processing Time	Varies; premium processing available.	Varies; premium processing available.