O-1 Visa Requirements for Extraordinary Ability Doctors

O-1 Visa Requirements

Doctors may be eligible for O-1 classification if they demonstrate extraordinary ability in the field of science. O-1 visas are granted for up to three years initially, and may be extended in single-year increments if the same work continues.

Eligibility

To be eligible for this classification, the physician must be able to show that he or she is a person of extraordinary ability in the field of science that has been demonstrated by sustained national and international acclaim. The immigration regulations define “extraordinary ability” in the field of science as a “level of expertise that the person is one of the small percentage who has arisen to the very top” of the field. Such stature can be demonstrated with evidence that the doctor has received a major award for excellence in the field, such as the Nobel Prize, or at least three of the following:

• Receipt of a national or international prize for excellence in the field of science
• Membership in associations that require outstanding achievement of members, as judged by recognized experts
• Published material in professional or major trade publications or major media about the physician
• The doctor’s original scientific or scholarly contributions of major significance
• The doctor’s authorship of scholarly articles in professional journals or other major media
• The doctor has been employed in a critical or essential capacity for organizations and establishments that have a distinguished reputation
• Participation on a panel or as an individual to judge the work of others in the same or allied field of specialization
• The doctor’s receipt of a high salary as evidenced by contracts or other reliable evidence

Filing of an O-1 Petition

The physician’s prospective employer must submit the O-1 petition with the United States Citizenship and Immigration Services (USCIS). In addition to documentation supporting the physician’s eligibility for O-1 classification, the petition must include:

• Copies of any written contracts between the employer and doctor. If there is no contract, a summary of the terms of employment must be submitted.
• An explanation of the nature of the work to be performed.
• Written advisory opinion from the appropriate consulting entity.

Consultation

A consultation letter must be prepared by the appropriate U.S. peer group, which could include a person or persons with expertise in the field. A favorable advisory opinion should describe the doctor’s ability and achievements in the field of science, the nature of the duties the doctor will perform and whether the position in question requires the services of an alien of extraordinary ability. Although not binding on the USCIS, these advisory opinion letters must be included in all O-1 petitions.

Advantages of the O-1 Visa

If doctors meet the high extraordinary ability requirements, the O-1 visa has advantages to the J-1 visa and H-1B visa.

• If the doctor applies from abroad he or she will not be subject to the two-year home residency requirement. It should also be noted that although not specifically recognized by immigration regulations, doctors in the U.S. on a J-1 visa may change status to O-1 without obtaining a waiver.
• Unlike the H-1B visa there is no prevailing wage requirement.
• The O-1 visa is not subject to a cap. With only 65,000 H-1B visas available per fiscal year, the O-1 visa is an attractive option to doctors who are interested in pursuing employment in private practice.
• Because extensions of O-1 status may be granted in one-year increments without limitation, the doctor need not worry about a 6-year limit as with H-1B visas.
• As the requirements for O-1 status parallels those of the first preference employment based immigrant classification, this category may become a viable option for those doctors who obtain O-1 classification. Given the retrogression of other employment based categories, the possibility of obtaining the first preference category can be appealing.

If you wish to learn more about the requirements for O-1 classification or other employment based nonimmigrant visa options, please contact our office to schedule a consultation at 415-986-6186.

Disclaimer: This information is not intended to provide solutions to individual problems and does not constitute an attorney client relationship. Readers are cautioned not to attempt to solve individual problems on the basis of information contained herein and are strongly advised to seek competent legal counsel with an experienced Immigration Attorney regarding case specific situations. The above information should not be construed as legal advice. Please note that laws change frequently.