O-1 Employees
O-1 Visa Classification
The O-1 visa classification is available to individuals of extraordinary ability in the sciences, arts, education, business, and athletics, or who have a record of extraordinary achievement in the motion picture and television industries. Evidence of extraordinary ability and achievement must demonstrate clearly that the individual has risen to the very top of their field of inquiry or endeavor.
- O-1 status may be granted for up to three years and extended indefinitely for one-year increments as long as the O-1 employment continues
- O-1 status is employer specific; the O-1 employee may only work for the O-1 sponsor (see section on O-1 Employer Sponsorship)
- An O-1 employee may be accompanied by a spouse and/or unmarried minor children under 21
Because the O-1 visa requires a complex petition accompanied by substantial levels of documentation, Tufts uses this classification to sponsor individuals who cannot otherwise obtain H-1B status and who have demonstrated extraordinary expertise. Employees seeking O-1 status based on their Tufts employment are required to use a University-approved immigration attorney, with the approval of the International Center, University Counsel, and the Dean of the employee's school. Please contact the International Center at internationalcenter@tufts.edu for more information.
The O-1 visa allows for an individual of extraordinary ability to be sponsored either by a single employer, or by an agent who has the ability to manage employment with multiple employers following an itinerary of professional engagements. Tufts generally acts as the employer for O-1 petitions to sponsor individuals specifically for their work within Tufts.
O-1 visa holders who have secured O-1 status through an agent may consult with their agent and/or immigration attorney to see if any engagement with Tufts can be added to their current O-1 approval. Tufts may still be required to file its own concurrent O-1 petition even if the individual already has approval for an O-1 through an agent. Please contact the International Center with any questions regarding this.
O-1 beneficiaries must be employed according to the terms and conditions of the O-1 petition and may not accept compensation from any other employer or entity other than those named in the O-1 petition (including honoraria). O-1 status is valid until the end validity date of your I-797 approval notice. Please ensure Form I-94, remains valid for the duration of your I-797 approval notice (it may also include a 10-day grace period at the end of your O-1 approval).
O-1 beneficiaries must also notify USCIS of any changes of address within 10 days of a change.
O-1 visa holders are authorized for employment at the organization or institution that sponsored the O-1 petition. O-1 visa holders may work for multiple employers, but each employer must file a separate visa petition.
O-1 beneficiaries sponsored by agent petitioners may be able to work for multiple employers, events, or engagements throughout the O-1 validity period. The O-1 petition submitted on your behalf will list an itinerary or description of events in which you will participate. If a new opportunity arises and you are not certain as to whether you are authorized to participate, please contact the International Center or the agent for the original O-1 petition. Legal and filing fees for amendments to O-1 petitions that are not necessary for employment at Tufts should be paid by the employee.
Extensions of O-1 status are permitted in one-year increments and require proof of continued employment and extraordinary ability. Petitions must be filed before the current O-1 status ends in order to allow an individual to maintain status and remain on payroll.
If a petition is filed prior to the current O-1 status end date, the O-1 status holder is authorized to continue work for 240 days beyond the current status expiration date.
Please note that this process extends O-1 status in the U.S. but individuals traveling abroad may need to obtain a new O-1 visa prior to returning to the U.S. An individual with a pending extension of stay in O-1 status should not depart the United States while the O-1 extension is pending. If you must leave, please contact the International Center immediately.
Dependent spouses and children (under the age of 21) may be eligible for O-3 dependent status.
O-3 visa status permits holders to temporarily relocate to the U.S. to accompany the O-1 visa holder and allows study at a U.S. school or institution, but does not allow for spouses or children to work in the U.S. or obtain a U.S. Social Security Number.
Employees should notify the International Center and/or immigration attorney working on the O-1 petition of any plans to sponsor O-3 dependents.
Please see below for documentation required for re-entry to the U.S. in O-1 status during validity period.
O-1 Visa Holders
- Original I-797, O-1 Approval Notice from USCIS
- Valid O-1 visa stamp in passport (excluding Canadians)
- Passport valid 6+ months into the future
- Confirmation of continued employment
O-3 Dependents
- Original Form I-797, O-3 Approval Notice from USCIS (or copy of spouse’s I-797 Approval Notice)
- Valid O visa stamp in passport (excluding Canadians)
- Passport valid 6+ months into the future