As this status takes significantly more documentation than an H-1B, it is used at Old Dominion only when it is not possible to get the H-1B, in the past due to the H-1B cap. This status also does not have the requirement of meeting a "prevailing wage," but it would be rare that we would hire an individual that would qualify for an O-1 but to whom we would not pay the prevailing wage.
To be classified as an O-1, the employer must show that the individual has received a major, internationally recognized aware such as the Nobel Prize, or must submit documentation that shows that the person meets at least three of the following:
- A nationally or internationally recognized award or prize or excellence in the field
- Membership in associations in the field which require outstanding achievement, as judged by others in the field
- Published material by others about the alien's work in the field
- Participation individually or on a panel as a judge of the work of others in the field
- Evidence of original contributions of significance to the field
- Authorship of scholarly articles published in professional journals
- Evidence that the individual has been employed in a critical or essential capacity for organizations having a distinguished reputation
- Evidence that the individual has commanded a high salary or other significantly high remuneration for services
This petition is also filed with INS on form I-129, and takes 4-6 weeks or more for approval. An O-1 petition may be approved for an initial 3 years, with 1 year extensions beyond that. There is no limit to the amount of time someone may be in O-1 status.