Initial Stage

Prospective O-1 candidate completes online O-1 questionnaire and sends requested supporting documentation to Jackson & Hertogs (J&H).

As part of this initial stage, the foreign national will need to gather 4-6 reference letters from independent experts in the field who can attest to the foreign national’s qualifications as an individual with extraordinary ability in the sciences, education, business, or athletics.  In preparing an O-1 case, our office assists in identifying appropriate references, and we provide a template reference letter, and sample letters if needed.

Information and documentation are reviewed and evaluated by an attorney who works with a paralegal to prepare the O-1 petition.

 
Reference Letters & Advisory Opinion

A written advisory opinion is required from an appropriate “peer group”. A peer group is a U.S. group or organization which is comprised of practitioners of the alien’s occupation who are of similar standing with the alien, and which is governed by such practitioners. A peer group should preferably be a labor or professional organization if possible. In certain O-1 petitions (e.g., most artist petitions), a specific peer group advisory opinion is mandatory.

Alternatively, especially for O-1 petitions where there is not a specific group (e.g., most science and business petitions), the advisory opinion can be issued by an “expert in the field” located in the U.S. The expert should be a prominent member (e.g., director, advisory board member) of at least one professional organization in the field. Former collaboration is not preferred as the expert must conduct an objective, detached evaluation of the foreign national’s qualifications.

The advisory opinion for O-1 extraordinary ability must describe the applicant’s ability and achievements in the field of endeavor, the nature of the duties to be performed, and whether the position requires someone of extraordinary ability.

 
Filing

Upon receipt of the reference letters and advisory opinion letter, as well as documentation of the foreign national’s qualifications (awards, articles, etc.), J&H finalizes the O-1 petition, employer support letter, and exhibit list and sends to employer for signature.

When the signed employer support letter and forms are returned to J&H, the O-1 petition is filed with the appropriate USCIS Service Center.

 
Decision

USCIS processing times vary depending on whether the O-1 petition is filed under regular processing (several months) or premium processing (15 calendar day). Premium processing requires submission of an additional filing fee.

Upon approval, J&H forwards the original approval notice and instructions to the foreign national, with a copy to the employer. Occasionally, USCIS will issue a Request for Evidence (RFE), which may require that additional documentation be provided before the petition can be approved. For example, a RFE can be expected if the foreign national does not clearly qualify under this category. In rare circumstances, USCIS may deny a case without RFE.

 
DISCLAIMER: This information is intended for clients of Jackson & Hertogs only.  This is not intended to provide legal advice to non-clients of this firm.  Nor will we respond to inquiries from non-clients.  You should seek your own legal counsel in these matters.