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O-1 Eligibility


Acceptance of a UH job offer

O-1 eligibility requirements


Acceptance of a UH job offer [top]

UH can only file an O-1 petition on a foreign national’s behalf if the foreign national has accepted a job offer from a UH department (i.e. an employment relationship exists between the UH department and the foreign national) in a position that requires the O-1 to utilize the extraordinary ability.

Once a UH department enters into an employment agreement with a foreign national, the department must determine whether he/she is eligible to work in the U.S. If he/she does not already have employment authorization that will allow him/her to work at UH, he/she will need the proper authorization before employment can begin.

NOTE: UH does not classify stipend recipients (e.g. post-doctoral fellows) as employees. This means UH cannot seek O-1 classification for foreign nationals coming to UH as stipend recipients. Instead, the J-1 Exchange Visitor classification may be the most appropriate immigration status for such appointments.


O-1 eligibility requirements [top]

The individual must be able to provide documentation of sustained national or international acclaim in his/her field. Acceptable documentation of such acclaim includes:

Evidence of receipt of a major internationally recognized award (e.g. Nobel Prize)

OR

Evidence in at least 3 of the 8 categories below:

  • (1) Receipt of nationally or internationally recognized prizes or awards for excellence in the field of endeavor.
    • Include copies of award certificates and letters.
    • Document the origin, purpose, significance, and scope of each award AND the criteria used to nominate and judge the participants and award winners.
    • Include evidence identifying previous winners for the past 3-5 years.
    • Academic awards received while pursuing his/her education are not considered to be nationally or internationally recognized prizes, but are limited to the individual school making the awards.
  • (2) Membership in associations in the field for which classification is sought, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.
    • Include copies of membership certificates or letters from associations.
    • Document the minimum requirements and criteria used to apply for membership in the association.
    • Include evidence listing the number of current members, the beneficiary’s rank compared to other members in the association, the status held by the association in the international community in the field, and other conditions or requirements of membership.
  • (3) Published material in professional or major trade publications or major media about the individual, relating to the individual's work in the field for which classification is sought, which shall include the title, date, and author of such published material, and any necessary translation.
    • Include copies of cover pages of publications & other pages where the scholar’s name appears.
    • Document the significance of the published material submitted about the scholar’s work and how it has set him/her apart from others in the field as one of that small percentage who have risen to the very top of their field. The reference should name the beneficiary and discuss the work.
    • Indicate the publication’s name; if it has local, national or international circulation; how often it is printed; and the number of copies printed.
    • Mere citations will not suffice for this category of evidence.
  • (4) Participation on a panel, or individually, as a judge of the work of others in the same or in an allied field of specialization to that for which classification is sought.
    • Include evidence establishing the significance of the work judged by the beneficiary and the criteria used to choose the beneficiary as a judge.
    • If scholar is on an editorial board, include copies of lists of editors with scholar’s name on the lists to show participation on a panel.
    • If scholar has peer reviewed for professional journals, judged papers, served on conference selection panels, etc., include letters acknowledging the service.
    • Other acceptable documentation includes letters from individuals who are knowledgeable about the circumstances in which the scholar judged or reviewed the work of others in the field (e.g. letter from a professional journal’s editor explaining why he/she consistently asks the scholar to peer review manuscripts.)
  • (5) Original scientific, scholarly, or business-related contributions of major significance in the field.
    • Include recommendation letters from recognized experts in the scholar's academic field and/or copies of patents or other recognition of a contribution or achievement. Letters must explain the scholar's employment experience and original scientific or scholarly contributions AND establish why his/her work is considered original AND how it has made a significant contribution to the field compared to all others in the field.
      • At least one letter must be from outside the U.S.
      • Only 1 or 2 of the letters should be written by experts at UH.
      • Letters should be addressed “To Whom It May Concern.”
      • Letters must include a description of the writer’s expertise and explanation of how the expert knows the scholar.
    • Include any other evidence establishing original scientific, scholarly contributions.
  • (6) Authorship of scholarly articles in the field, in professional journals, or other major media.
    • Include a list of the scholar’s publications and copies of the cover pages, table of contents, and/or title page of selected publications, particularly those where scholar's name is listed first.
    • Include evidence to establish the significance and importance of the individual’s scholarly articles in the field. 
    • Include evidence establishing the significance and importance of the professional or major trade publications or other major media that have published the individual’s scholarly articles; the quality and distribution of the publication matters.
    • Document the publication’s circulation (local, national, or international), how often it is printed, and the number of copies printed.
  • (7) Evidence that the individual has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation.
    • Submit affidavits written by present and former employers (executed by an officer or responsible person employed where the work was performed) describing the nature of the individual’s achievements and certifying the employment of the individual in a critical or essential capacity.
    • Document the distinguished reputation of the organization.
  • (8) Evidence that the individual has either commanded a high salary or will command a high salary or other payment for services evidenced by contracts or other reliable evidence.
    • Provide copies of contracts or other reliable evidence that clearly establish that the individual has commanded a high salary or other significantly high payment for services compared to others in the field for a sustained period.
    • Also include a statistical comparison of salaries in the field from the Economic Research Institute or similar organization.

OR

If the above criteria do not readily apply to the beneficiary's occupation, the petitioner may submit comparable evidence in order to establish the beneficiary's eligibility.

 

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