O-1

The O-1 non-immigrant application is a one-step process involving only the United States Citizenship and Immigration Services (USCIS). Preparing the application is a partnership between IFSS, the hiring department and the individual.

The hiring department is encouraged to contact IFSS with any questions about the O-1 process and to discuss qualifications. First, the Department and Dean’s Office must both assess the case and agree that this individual can demonstrate sustained national or international acclaim and recognition for achievements in the sciences, arts, education, business or athletics. The evidence the individual will be required to submit must demonstrate that the individual is one of a small percentage who have risen to the very top of the field of endeavor. IFSS has the right to accept or decline requests depending on how well the individual’s achievements meet the USCIS criteria.

Once the Department and Dean’s Office has agreed to support the O-1 petition, the Department can initiate the O-1 by submitting a New Sponsorship Request in Terra Dotta. Once IFSS approves the New Sponsorship Request, more information and instructions will be sent to the individual and Department regarding next steps.

The individual is required to upload any required documentation into Terra Dotta. IFSS will invite them to the access Terra Dotta and provide more guidance on what documentation should be uploaded.

For immigration purposes, dependents are the legally married spouse and/or any children under the age of 21.

The Form I-539 is only needed if the employee’s dependents are inside the U.S. and need to obtain or extend E-3D status.

• Form I-539
• Suggested documentation to include with the I-539 application can be provided, if requested.
• Filing fee
  • Paid by the employee and cannot be reimbursed by the UW
  • Personal check or money order from a U.S. Bank is acceptable, made payable to US Department of Homeland Security.

Dependents who are outside the U.S. do not need to file the I-539. These dependents obtain E-3D status by requesting a visa appointment at a U.S. Consulate/Embassy and presenting the certified LCA or employee’s approval notice (the I-797A or B) along with the marriage certificate (for spouses) or birth certificate (for children under the age of 21).

IMPORTANT: IFSS cannot advise on the Form I-539 since it is the employee’s family member(s)’s personal petition. We cannot give legal advice to an employee’s family member(s). As a courtesy to the employee, we will send the Form I-539 with the supporting documentation along with the employee’s O-1 petition only. We will not review the I-539 for completeness or for errors. We will not submit the I-539 if we are not filing an I-129 petition for the employee. The I-539 can be filed separately from the employee’s O-1 petition. If your employee’s dependent(s) would like assistance on the I-539, please direct them to an immigration attorney. IFSS can provide a list of local attorneys, if requested.

Translations

Translations do not need to be done by a professional translating service, nor do they need to be notarized. It is strongly recommended that the employee NOT do the translation. All translations should be accompanied by a signed statement from the translator indicating his/her qualifications for doing the translation. For example: “I certify that I am competent to translate (name of language) into English and this is an accurate translation of the original.”

Publications

USCIS does not need a complete list of the employee’s publications. They merely want proof the employee has published in the relevant field. Therefore, we suggest submitting the following, accompanied by a translation, as necessary:

• Reprints: A copy of only the first page, showing the name, date, and volume number of the journal, the employee’s name and the title of the paper.
• Books: A copy of the cover page of the book, showing the title, author’s name and table of contents.
• Chapter in a book: A copy of the cover page of the book, as above, with the first page of the chapter.
• Conference presentation: A copy of the cover page and table of contents of the conference bulletin, and abstract of the paper presented.
• Ph.D. thesis: A copy of the title page, table of contents, and abstract.

For each publication copy, highlight the employee’s name wherever it appears on the page.