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OISSS > For
International Academic Staff > O-1
O-1
Change
of Employers as an H-1B | Change
of Jobs at UNC-Chapel Hill
Concurrent Employment by Different Employers
| Travel
The O-1 status is for the employment of individuals who have achieved
and sustained national or international acclaim for extraordinary ability
in the sciences, arts, education, business. Receipt of a Nobel Prize or
similar prize of international standing will qualify the individual for
this category; otherwise, the individual must meet at least 3 of 8 specified
indicators of extraordinary ability and acclaim to qualify. The O-1 status
allows the individual to work in their field for up to 3 years. Extensions
beyond this point, however, can be difficult.
Your O-1 status is very job and employer specific.
It permits you to work for only within the dates specified on your I-94
Arrival Departure Record and your I-797 Approval Notice from the U.S.
Citizenship and Immigration Services. It is also limited
to work only for the job and the employer for whom the O-1 status was
granted. Any proposed significant change in your job duties could require
the University to file a new O-1 petition with USCIS before those changes
could occur. If there are any proposed significant changes in your job
duties, contact the Office of International Student and Scholar Services immediately.
Should you decide to change employers, you should not
leave your current employment, until the new employer has received an
O-1 approval for you from USCIS. There is no automatic "grace period"
for the O-1 status, therefore, you would be no longer be "In-status"
with USCIS if you quit one job and could not start the other job immediately.
Should you decide to change positions at UNC-Chapel Hill, remember
that any significant change in the job duties, etc. require UNC-Chapel Hill to
file a new petition to USCIS on your behalf. Therefore, the process is
the same as that listed above for a change of employers and, again, you
should not assume the new duties or job until USCIS has approved the new
employment.
Employment by more than one employer while in O-1
status requires the approval for concurrent employment by the USCIS.
When traveling within the United States, foreign nationals,
including any accompanying dependents, should carry their immigration
documents with them. These documents include valid passport, I-94 arrival-departure
record, and I-797 Approval Notice. Please take extra precautions to safeguard
your documents both while traveling and in Chapel Hill.
Whenever,
you travel outside the U.S., you should always carry the following documents
for presentation at a U.S. Consulate abroad and/or to the CBP officers
when re-entering the U.S.:
- Valid
passport
- Valid
O-1 visa (for entry or re-entry to U.S.)
- I-94
card
- Form
I-797 O-1 Approval Notice
- Copy
of UNC-Chapel Hill's O-1 petition and supporting documents
- Recent
copy of departmental support letter. The department letter submitted
as part of a petition can serve as an example for this new letter and
could follow the following pattern:
Para. #1--"Dr. X is currently employed in O-1 status in the position
of.... This current O-1 appointment began on (month/day/year) and will
end on (month/day/year) {Three-year maximum} The position carries a
salary of $...per...."
Para. #2--"The main duties of this position are...."
Para. #3--"Dr. X possesses the necessary qualifications for the
above position. Dr. X's qualifications include...."
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For a O-3 visa and/or re-entry to the U.S. for a dependent, your spouse,
or any of your children under the age of 21, will need to provide the
same as above, plus the following are recommended:
- A
current bank letter or statement showing enough funds to support
family members
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A copy of the O-1's passport and O-1 visa stamp
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A copy of the O-1's I-94 card (if O-1 is already in U.S.)
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Marriage certificate for spouse
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Birth certificates for children
WARNING:
Due to heightened security, visa approvals abroad are taking from 1 to
3 months and longer as new security checks are conducted for all applicants
worldwide. All documentation submitted to a consular or immigration officer
is receiving greater scrutiny, so please review and know the contents
of all of your documents before presenting them to the U.S. official.
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