O-1 Workers of Extraordinary Ability

Definition

O-1 status is for individuals of extraordinary ability, typically working at UIC.  O-1 status employer-specific, meaning you may only work for UIC in the capacity described in the initial petition to Immigration (USCIS).  As mentioned in the “Work Authorization” section, if anything changes about your position (location, telecommuting, reduction in time, new title, etc., an amendment may be needed before you may take part in those new employment conditions.

Please see your USCIS/Immigration (I-129 petition) to understand your employment terms, location(s), wage, and dates.

O-1 extensions

May not be filed once an adjustment of status application has been submitted.

Change of employers

If you seek to change employers, your new employer must file a petition with USCIS. You may not begin work for the new employer until the O-1 petition is approved.

Effect of prior 212e

If you are subject to the two-year home country physical presence (212e), due to prior J status, you may not change status in the U.S. Similarly, you may not file for a green card, L-1, or H-1B status until you have waived or fulfilled the two-year requirement.

You may fulfill the requirement by returning to your home country for an aggregate of two years or by obtaining a U.S. Department of State waiver. You may seek outside counsel for assistance.

O-3 dependents

O-3 dependents are not eligible to work, paid or unpaid. They may attend school as long as they are not paid (such as receiving an assistantship).