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.
Period of authorized stay
It
is extremely important to be aware of the period of authorized stay on
your I-94 record or admission stamp. If your I-94/admission stamp
expiration date will occur before your UH employment resignation date or
your O-1 approval notice end date AND if UH has not filed an O-1
extension with USCIS on your behalf, your O-1 status will end on the I-94/admission stamp date.
As a result, you must leave the U.S. on or before this date to avoid
accruing unlawful presence. If you are unsure about this issue, please
consult with your UH department or with FSIS.
See Terms and Concepts for information on the functions of other immigration documents.
See Ending Your UH O-1 Employment or Status for information on completing your O-1 status or employment at UH.
O-1 extensions [top]
If you require an extension of O-1 status, UH must submit an O-1 request to the college/school/unit’s Administrative/Personnel Officer (AO/PO). The AO/PO will review the request, attach any necessary documents, and send the complete request to FSIS. FSIS will complete the O-1 petition and send it to the AO/PO along with a
memo regarding the payment of fees and proper USCIS mailing addresses.
Deadline to submit requests to FSIS
The AO/PO should submit the O-1 extension request to FSIS no later than 45 days prior to your O-1 end date. USCIS must receive your properly filed O-1 extension petition by the business day on or before your current O-1 end date. If USCIS receives the O-1 extension petition late, you will no longer be in valid status and you will begin accruing unlawful presence.
O-3 dependents
Be sure to inform your department about any family members who will require O-3 dependent status or extensions.
Petition duration & timing of filing
O-1 extensions can be granted in increments of up to one year at a time. UH can submit O-1 petitions to USCIS up to 1 year prior to the current O-1 end date.
USCIS receipt
If
an O-1 extension is properly filed with USCIS before your current O-1
end date, you may continue employment 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.
You may not reenter the U.S. from abroad
during this 240-day period. If the extension is denied during the
240-day period, you must stop working immediately and should leave the
U.S. if you have no legal basis to remain in the U.S.
Issuance
of USCIS receipt notices is often delayed. Your department should try
to mail the petition at least 3 weeks prior to your current approval end
date to ensure the extension receipt notice arrives in time.
USCIS processing time
- Regular Processing: Normally takes 2-4 months on average.
- Premium Processing: USCIS will act on the petition (i.e. approval, denial, or a request for more evidence) within 15 calendar days of receipt. This service is available for an additional fee, which must be paid by the UH college/school/unit/department.
See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times.
USCIS approval
Your
O-1 status will automatically continue upon approval of the O-1
extension petition. You do not need to leave the U.S. to apply for an
O-1 visa and reenter the U.S. to continue your O-1 period.
Changes to O-1 employment [top]
O-1
approval is specific to the employer that filed the petition and covers
only the particular position for which the petition was filed.
New O-1 employer
If you accept additional employment from another U.S. employer while you are employed by UH, the other employer must file an O-1 petition with USCIS to request concurrent O-1 approval for you. Likewise, if you are leaving UH to work for another U.S. employer, that employer must submit an O-1 petition to USCIS requesting a change of employer. In both cases, you cannot begin working for the other employer if you only have O-1 authorization for UH employment and if the other employer has not yet received approval of an O-1 petition they filed on your behalf.
Changes to current UH employment
If substantial changes to your current UH position occur, UH receive approval of an amended petition with USCIS before the changes take place.
Your UH department should notify FSIS immediately about impending
substantial changes in the terms and conditions of your employment. Some
examples of substantial employment changes include:
- Changing from full-time to part-time or vice versa (e.g. 50% FTE to 100% FTE)
- Appointment to a position with a new title (e.g. Junior Researcher to Assistant Researcher)
- Moving to or adding a new work site
- Significant changes to your duties
Deadline to submit amendment requests to FSIS
The AO/PO should submit an O-1 amendment request to FSIS no later than 45 days prior to the effective date of the changes. Changes
to your O-1 employment cannot take place until an O-1 amendment
petition is approved by USCIS.
O-3 dependents
Be sure to inform your department about any family members who will require O-3 dependent status or extensions.
Petition duration & timing of filing
O-1 extensions are granted in increments of one year at a time. UH can submit O-1 petitions to USCIS up to 1 year prior to the effective date of the changes that will take place.
USCIS receipt
USCIS will issue a receipt notice once the O-1 petition is filed, but the changes to your employment may not occur until the petition is approved. FSIS will forward a copy of the receipt to your UH department.
USCIS processing time
- Regular Processing: Normally takes 2-4 months on average.
- Premium Processing: USCIS will act on the petition (i.e. approval, denial, or a request for more evidence) within 15 calendar days of receipt. This service is available for an additional fee, which must be paid by the UH college/school/unit/department.
See the USCIS Case Status Service website to check the status of pending petitions and to see average processing times.
USCIS approval
The changes to your employment may occur on the start date of the O-1 approval notice. Your O-1 status will automatically continue upon approval of the O-1 petition. You do not need to leave the U.S. to apply for an
O-1 visa and reenter the U.S. to continue your O-1 period.
Reporting changes of home address to USCIS [top]
You and your O-3 dependents are required to report all changes of residential address to USCIS within 10 days of your move. The easiest way to report any changes is through the USCIS online change of address form. If you currently have an application pending at a USCIS Service Center, you should also contact the USCIS National Customer Service Center (toll-free number: 1-800-375-5283) to report the change.
Please also remember to notify FSIS and your UH department about your new 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 you are planning to travel abroad, please notify your UH department at least 2 weeks before your departure date in case you need documents to be issued by your department or FSIS for your visa application.
NOTE: Most U.S. embassies and consulates no longer require the I-797 approval notice or a copy of the I-129 petition for visa interviews. However, you will need your petition receipt number from the approval notice to schedule an interview and to reenter the U.S. at a port of entry. See the U.S. Department of State website for more information on this topic.
Travel to Canada or Mexico
If you and/or your dependents are traveling only to Canada or Mexico, special travel and reentry procedures may apply. See Traveling to Canada or Mexico for more information.
Travel to a country other than Canada or Mexico
If you are traveling to a country other than Canada or Mexico OR if you are ineligible for automatic visa revalidation, you will need the following items to reenter the U.S. in O-1 status:
- Valid O-1 approval notice
- Valid O-1 visa in passport (N/A for Canadian passport-holders) (see the U.S. Department of State Embassy and Consulate website for visa application requirements and to make an appointment for a visa interview)
- Passport valid for at least 6 months beyond the O-1 approval notice end date (if your passport will expire before the O-1 approval notice end date, you will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew your passport before you reenter)
- Employment confirmation letter from your UH department
If your O-3 dependents are traveling, each dependent will need the following items to reenter the U.S. in O-3 status:
- O-3 approval notice (if applicable) OR your O-1 approval notice
- Valid O-3 visa in passport (N/A for Canadian passport-holders) (see the U.S. Department of State Embassy and Consulate website for visa application requirements and to make an appointment for a visa interview)
- Passport valid for at least 6 months beyond the O-3/O-1 approval notice end date (if a passport will expire before the O-3/O-1 approval notice end date, that person will be granted a shorter period of stay than is printed on the approval notice, so it is best to renew the passport before reentry)
- Copy of marriage certificate (for O-3 spouse)
- Copy of birth certificate (for O-3 child)
- Employment confirmation letter from your UH department (to show financial support)
Admission at a U.S. port of entry
Visas and/or approval notices will not guarantee entry to the U.S. The U.S. Customs and Border Protection (CBP) officer at the port of entry will review your immigration documents and ask you questions about your stay. These officers have the discretion to admit you in O-1 status and your family members in O-3 status and may refer you to a more detailed secondary inspection.
When
you are admitted into the
U.S., your documents will be returned to you and you should
receive an admission date stamp with the notations “O-1” (principal
O-1 worker) or “O-3” (dependents) and a date indicating the length of
your period of authorized stay in your passport. You should also receive
instructions on how to print your own I-94 arrival record on CBP's I-94 website. The admission stamp with notations and the I-94 printout function as proof
of your admission to and legal immigration status in the U.S. In some
cases, you may be issued a paper I-94 at entry, but CBP is phasing out
this process. If you are issued a paper I-94, that card is evidence of
your legal status in the U.S.
It is a good idea to keep
copies of your approval notices, passport biodata/expiration pages,
visas, admission stamps, and I-94 records permanently in case any of the
documents are lost or stolen.
Each time you and your dependents reenter the U.S., please provide the following items to FSIS so we can update our files and check that you were properly admitted to the U.S.:
- Top portion of the original O-1 approval notice (if borrowed)
- Copy of both sides of I-94 card or I-94 printout from CBP's I-94 website
- Copy of admission stamp with notations in passport
- Copy of O visa in passport (if applicable)
- Copy of passport biodata and expiration page (if new/renewed)
- Copies of #2-5 for each O-3 dependent (if applicable)
Traveling abroad while an O-1 extension is pending
You must be physically present in the U.S. at the time an extension of stay is filed, but you may travel abroad while the extension is pending. However, if you leave the U.S. while the extension is pending, it is very important to consider the following:
- If your prior approval notice will expire before you plan to reenter the U.S., you must remain abroad until the extension approval notice can be mailed to you by your UH department. You will need the extension approval notice for O-1 visa application (if applicable) and reentry to the U.S.
- If your prior approval notice will still be valid when you plan to reenter the U.S., and if the O-1 extension is not yet approved, you can apply for an O-1 visa (if necessary) and reenter using the prior approval notice. However, be aware that if your extension is approved just before you reenter the U.S. with your prior approval notice, your reentry with your prior approval, which may be considered the “last action” on your O-1 status, may have the effect of invalidating the extension. The result may be that you will need to leave the U.S. and reenter with your extension approval notice OR your 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 UH is filing a petition on your behalf for a change of status to O-1 from another status (e.g. F-1, J-1), you should not leave the U.S. until the petition is approved by USCIS. If you leave the U.S. while the change of status petition is pending with USCIS, the change of status will be considered abandoned. If you know you will need to travel abroad while your petition is pending, be sure to notify your UH department and FSIS BEFORE the petition is sent to USCIS.
