O-1 duration
O-1 extensions
Changes to O-1 employment
Reporting changes of home address to USCIS
Dual intent
Travel abroad & reentry to the U.S.
O-1 duration [top]
Initial petitions for O-1
status may not exceed 3 years. Subsequent O-1 extensions may be
requested in 1-year increments. There are no specific limits on the
duration of O-1 status.
I-94 validity
It is extremely important to be aware of the period of authorized stay written on the employee’s I-94 card by the immigration inspector at the port of entry. If the I-94 expiration date will occur before the employee’s UH employment end date or the O-1 approval notice end date AND if UH has not filed an O-1 extension with USCIS on his/her behalf, his/her O-1 status will end on the I-94 date. As a result, the employee must leave the U.S. on or before the I-94 date to avoid accruing unlawful presence. If this situation arises, please consult with FSIS.
See Terms and Concepts for information on the functions of other immigration documents.
See End of UH O-1 Employment or Status for information on completing an employee’s O-1 status or employment at UH.
O-1 extensions [top]
For information on preparing an O-1 extension request to be sent to FSIS, see the department procedures for submitting O-1 requests.
USCIS receipt
If an O-1 extension is properly filed with USCIS BEFORE the current O-1 end date, the employee may continue working while the extension is pending for up to 240 days after the O-1 end date. The department may use a copy of the USCIS receipt notice to show employment eligibility during the 240-day period.
- Issuance of USCIS receipt notices is often delayed. To ensure the receipt notice arrives in time to continue UH employment, departments should mail O-1 petitions to USCIS at least 3 weeks prior to the extension start date.
- The USCIS receipt notice, rather than the courier’s delivery confirmation, should be used to show employment eligibility. Even if delivery was timely, USCIS may later reject the petition. Rejected petitions are not considered “filed” with USCIS.
O-1 employees may not reenter the U.S. from abroad during this 240-day period. If the petition is denied during the 240-day period, the employee must stop working immediately and should leave the U.S. if he/she has no legal basis to remain in the U.S.
USCIS approval
O-1 status will automatically continue upon the O-1 approval notice start date. The employee does not need to leave the U.S. to apply for an O-1 visa and reenter the U.S. to continue the O-1 period.
Changes to O-1 employment [top]
O-1 classification is employer and job-specific. If an O-1 employee accepts additional employment with another employer, that employer must submit an O-1 petition for concurrent employment to the U.S. Citizenship and Immigration Services (USCIS) requesting concurrent employment. He/She cannot begin working for the other employer if he/she only has O-1 authorization for employment with UH.
If substantial changes to an O-1 employee’s current UH employment occur, UH must file a petition with USCIS before the changes take place. UH departments should notify FSIS immediately about impending substantial changes in the terms and conditions of O-1 employment. Some examples of substantial employment changes include:
- Appointment to a new and very different position (e.g. changing from a Researcher position to a Professor position)
- Moving to a new work site
- Significant changes to duties
UH departments should submit an O-1 request to FSIS at least 45 days BEFORE substantial changes to UH employment take place. For information on preparing an O-1 change of employment request to be sent to FSIS, see the department procedures for submitting O-1 requests.
USCIS receipt
The employee may continue his/her UH employment from the requested start date if the petition is filed on time. Departments can use a copy of the USCIS receipt notice to show employment eligibility while the petition is pending.
- Issuance of USCIS receipt notices is often delayed. To ensure the receipt notice arrives in time to continue UH employment, departments should mail O-1 petitions to USCIS at least 3 weeks prior to the intended start date.
- Departments should use the USCIS receipt notice, rather than the courier’s delivery confirmation, to show employment eligibility. Even if delivery was timely, USCIS may later reject the petition. Rejected petitions are not considered “filed” with USCIS.
USCIS approval
O-1 status will automatically continue upon the O-1 approval notice start date. The employee does not need to leave the U.S. to apply for an O-1 visa and reenter the U.S. to continue the O-1 period.
Reporting changes of home address to USCIS [top]
O-1 employees and their O-3 dependents are required to report all changes of residential address to USCIS within 10 days of moving. The easiest way to report any changes is through the USCIS online change of address form. If the O-1 employee or his/her O-3 dependents currently have an application pending at a USCIS Service Center, he/she/they should also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change of address.
Employees should also remember to notify FSIS about any changes of address.
Dual intent [top]
O-1 classification provides for dual intent. Unlike other nonimmigrant classifications (e.g. F-1, J-1), the filing of an immigrant petition or an approved permanent labor certification on the O-1 holder’s behalf cannot serve as a basis for a denial of entry to the U.S.
Travel abroad & reentry to the U.S. [top]
If an O-1 employee is planning to travel abroad, UH departments should notify FSIS at least 3 weeks before the departure date in case the employee needs to borrow the original top portion of the O-1 approval notice from FSIS or if FSIS needs to issue him/her a certified copy of the I-129 petition for the visa application. Additionally, UH departments should issue O-1 travelers employment confirmation letters to facilitate their visa applications and reentries to the U.S.
O-1 employees should review the travel abroad and reentry procedures for more information.
Each time an O-1 employee reenters the U.S., please provide the following items to FSIS so we can update our files and check that he/she was properly admitted to the U.S.:
- Top portion of the original O-1 approval notice (if borrowed)
- Copy of both sides of the new I-94 card (entry date stamp & all notations must be clear)
- Copy of new O-1 visa in passport (if you obtained a new one)
- Copies of both sides of each O-4 dependent’s new I-94 card (if applicable)
- Copies of each dependent’s O-3 visa in passport (if applicable)
- Copy of O-1's and/or O-3's passport biodata/expiration page (if new/renewed)
Traveling abroad while an O-1 extension is pending
An O-1 employee must be physically present in the U.S. at the time an extension of stay is filed, but he/she may travel abroad while the extension is pending. However, if he/she leaves the U.S. while the extension is pending, it is very important to consider the following:
- If the prior O-1 approval notice will expire before the employee plans to reenter the U.S., he/she must remain abroad until the extension approval notice can be mailed to him/her by the UH department. The employee will need the extension approval notice for O-1 visa application (if applicable) and reentry to the U.S.
- If the prior O-1 approval notice will still be valid when the employee plans to reenter the U.S., and if the O-1 extension is not yet approved, he/she can apply for an O-1 visa (if necessary) and reenter using the prior approval notice. However, if the extension is approved just before he/she reenters the U.S. with the prior approval notice, his/her reentry with the prior approval, which may be considered the “last action” on his/her O-1 status, may have the effect of invalidating the extension. The result may be that he/she will need to leave the U.S. and reenter with the extension approval notice OR the UH department will need to immediately file an identical extension petition with USCIS.
Traveling abroad while a change of status to O-1 is pending
If a UH department has sent a petition for a change of status to O-1 to USCIS, the O-1 beneficiary should not leave the U.S. until the petition is approved by USCIS. If he/she leaves the U.S. while the change of status is pending with USCIS, he/she will be abandoning the change of status petition. If he/she will need to travel abroad while the petition is pending, the UH department should notify FSIS BEFORE the petition is sent to USCIS.
