If the department terminates the employment for any reason prior to the end of the approved period of O-1 status, it is responsible for paying the cost of return transportation of the person to the home country or country of last permanent residence. For this reason, it is important to request the O-1 only for the length of time that the department definitely intends to employ the individual and has adequate funding for the position. However, if the O-1 voluntarily terminates employment, the employer is not responsible for the return transportation. Although the position itself does not necessarily need to require extraordinary ability, INS does take into consideration the type of position the individual is being offered. Another factor that influences INS examiners is the length of time the person has been in the field.
People just entering the field can expect to have their petition more closely scrutinized.
Although individuals with recent degrees are not specifically barred from obtaining O-1 status, they must present proof that their contributions to the field are of such magnitude that they have achieved the required sustained national or international recognition. Documentary Requirements 1. Offer letter, detailing the job responsibilities, salary and duration, up to three years. Proof of the individual s credentials, including C.V., copy of the diploma, licenses if applicable etc. If the diploma does not show the field of study, a set of transcripts will be necessary.