About Foreign Scholar Services

Coming to Stanford as a foreign scholar

J-1 Exchange Visitor status

Employment-based classifications

Paying Stanford's foreign visitors

ITIN information

Glossary of immigration terms

updated 10/11/05

The O-1 classification is a temporary employment status that is intended for "Aliens of Extraordinary Ability." Its use as an employment authorization parallels that of the H-1, except that the O-1 standard of proof is much higher and more difficult to establish. It requires an offer of employment, and may be approved for an initial period of not more than three years.

There are, at present, a few "legacy" O-1 employees at Stanford. If you seek an extension of O-1 status, we strongly encourage you to make a change to H-1 status instead. The reason behind this recommendation is elaborated below.

O-1 Use at Stanford
At one point in the legislative history of the H program, Congress decided to cap the number of H-1 petitions granted each year. This cap negatively affected Stanford, as well as other academic institutions and industry, by effectively making H-1 visas unavailable for a portion of the fiscal year. We were faced with an H-1 "drought," and during those dry periods, investigated all possible options to the H-1. In the case of the O-1, we found an excellent alternative, and began to use it extensively and successfully.

Congress eventually exempted non-profits and educational institutions from the H-1 cap, at which point we returned to our routine use of the H-1. Despite the apparent readiness of the (then) USCIS to grant O-1 visas, they were and are, due to their essential nature as a subjective probe of "extraordinary ability," time-consuming to prepare, and, in the absence of the cap, largely redundant.

As we refrained from the use of the O-1, we began to find that, in the course of filing extensions and other exceptional cases, the Citizenship and Immigration Services had taken a decision, at some level, to alter the standard used to consider a prospective beneficiary's fitness as an alien of extraordinary ability. The O-1 was, in fact, not an isolated phenomenon in this respect; other classifications, both nonimmigrant and immigrant, were being subjected to greater, sometimes even unreasonable scrutiny. We were now twice grateful for our exemption from the cap.

The O-1 at Stanford Today
These days, we receive very few inquiries about O-1s. A "loophole" in the law, however, makes them attractive to a small number of people who are ineligible (for reasons of a restriction incurred through the use of a J-1 program such as ECFMG or Fulbright) to hold H-1 status. Regrettably, these relatively junior scientists and academics are usually not sufficiently advanced in their careers to qualify for the standard that the CIS is applying to these cases. (To elaborate the standard in a nutshell, the law literally describes an alien of extraordinary ability as someone who has won a Nobel Prize. Then it lists some of the evidence that might be used to establish a "comparable level of achievement.")

We're happy to talk about an O-1 if you feel your department needs one for someone who is affiliated with or will join your program. It should be clear from the foregoing, however, that relatively few people are actually considered by CIS to have the accomplishments necessary to join this exclusive club. To give the inquiry maximum consideration, we'll probably share "marginal" cases with the University's immigration counsel, and in fact she will most likely have to become involved with any case that is not so clear-cut that we feel comfortable undertaking it on our own. Legal fees will accrue!

What to Do?
Send or fax us the following:

   •       CV

   •       A completed intake form

   •       A letter with contact information explaining why an O-1 is needed

We'll be in touch to help you decide what to do.

What Use is the O-1 Program?
You might ask why the O-1 program even exists. For the purpose of academic institutions, it is largely a relic of a time when H-1s were out of reach for months at a time, and CIS was apparently feeling generous. However, industry still seeks O-1 visas, and it is used by professional sport teams as well as performers in musical and entertainment fields. While there are clearly people at institutions such as Stanford who qualify for O-1 status, those who are eligible for it are unlikely to need it, and those who need it are probably not eligible for it.