University Policy
Title
University of North Carolina at Chapel Hill Policy on O-1: Aliens of Extraordinary Ability
Introduction
Purpose
This policy provides an overview of the O-1 nonimmigrant classification for individuals with extraordinary ability or achievement and related employment requirements. Its purpose is to help ensure that both the University and O-1 employees comply with applicable U.S. immigration laws and regulations and maintain lawful employment authorization and status.
Scope
This policy applies to UNC-Chapel Hill departments and employees involved in sponsoring, managing, or working in O-1 status, including international faculty and scholars.
Policy
Immigration regulations define extraordinary ability as a “level of expertise indicating that the person is one of that small percentage who have risen to the very top of the field of endeavor.”
O-1 status is available to foreign nationals who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation, and seek to enter the U.S. to continue to work in the area of extraordinary ability.
Period of Stay/Extension of O-1 Status
- The initial period of stay is up to three years. An employer wishing to continue employing an O-1 non-immigrant must file an I-129 O-1 petition with the appropriate USCIS Service Center.
- Extensions of stay may be filed in increments of up to one year.
- Extension must be filed before the expiration of the current O-1 status and before the expiration of the employer’s O-1 petition.
Maintaining O-1 Status
- Nonimmigrants in O-1 status are only authorized to work for a specific employer as approved by USCIS.
- Report to ISSS material changes in the original terms and conditions of employment or if the scholar’s eligibility changes. Material changes must be reported to USCIS through an amended O-1 petition before the changes become effective.
- Report a change of address of residential address to USCIS (www.uscis.gov) within 10 days of moving.
- Keep evidence of reporting compliance for your records (if reporting online, print a copy of the form before submitting. If reporting by mail, send it by receipted mail).
- Immigration documents must always be maintained in valid status. Documents include O-1 approval notice, Form I-94, and passport.
- It is important that you carry proof of your immigration status with you at all times. You can review information on maintaining your immigration documents and records here.
Travel
O-1 employees who wish to travel and reenter the U.S. in O-1 status, must carry appropriate documentation to re-enter the U.S. Re-entry documentation generally includes:
- The original Form I-797
- A letter verifying the employment, and
- A valid passport
- A valid O-1 visa (unless the employee is not subject to the visa requirements)
Ending O-1 Status
O-1 status is tied to employment as outlined on Form I-129. Once O-1 employment ends, there is no grace period and immediate departure from the U.S. is required. In some cases, immigration notes a 10-day grace period at the conclusion of the period of approved O-1 employment on Form I-94. This grace period only applies if it is included on the current Form I-94.
It is important to report the final departure to ISSS to ensure the accuracy of an individual’s immigration records and to preserve future immigration options. Before departing the U.S. or the University, an individual must complete a Departure Notice and submit it to ISSS. The departure information is needed to accurately report it to the various immigration and government agencies.
If the Hosting Unit terminates employment prior to the expiration date of the O-1, they must offer to pay the reasonable costs of return transportation for the individual to the last place of foreign residence or to their home country. The scholar does not have to accept this offer. If the scholar decides to end the employment early, the Hosting Unit is not responsible for these costs. The Hosting Unit is not responsible for the costs of return transportation for a scholar’s family or personal belongings.
This information is provided for informational purposes only and is not intended as legal advice. The information provided is subject to change. For the latest information go to https://isss.unc.edu/.
Contact Information
Primary Contact
Name: International Student and Scholar Services
Telephone: 919-962-5661
Email: ISSS@unc.edu