O-1 Visa & Status

a. O-1A

Pertains to a person who “has extraordinary ability in the sciences, arts, education, business or athletics which has been demonstrated by sustained national or international acclaim.” 8 C.F.R. §214.2(o)(1)(ii)(A)(1)

b. O-1B
If in a motion picture or TV production, the person must have “a demonstrated record of extraordinary achievement.” Person needs to demonstrate that his or her achievements have been recognized in the field “through extensive documentation.” 8 C.F.R. §214.2(o)(1)(ii)(A)(2).

c. The Service interprets the statute to encompass “any field of endeavor” including craftsmen and lecturers. Memo, Weinig, Acting Asst. Comm.

d. One must seek to enter for the purpose of continuing the type of work, but there is no requirement that the person is coming to the U.S. to perform services requiring a person of O-1 caliber.

e. Dual intent recognized, as there is no foreign residence requirement but there is a requirement that there be a temporary intent to remain.

Employment

No employment in the 1st academic year (i.e., 9 months) except for on-campus work, which can begin as soon as the student is admitted in F-1 status.
Students who transfer after being given work authorization need new authorization to work.
After 1st year a student in good standing may obtain employment off campus as determined by the DSO.

Social Security Card

The SSA has established procedures for students to apply for SSN or replacement card. The student must submit evidence of age and identify, the I-20, the current I-94 and evidence of authorization to work and full-time attendance at school, which may include an original letter from the DSO providing that the student is authorized to work on campus and currently enrolled in a full course of study. Id.

Family

The family may follow to join F-1 if the F-1 student is or will be within 30 days enrolled in a full course of study or is engaged in approved practical training. Each family member must be separately issued a SEVIS I-20. The change of address requirement under INA §265 is satisfied by SEVIS notification within 10 days even though the school is not required to update SEVIS data until 21 days after the change. Any student who has gone through special registration and moves, must file a change of address on form AR 11.