USCIS Updates O-1 Visa Policy Manual Guidance
On January 8, USCIS issued policy manual guidance in an attempt to clarify how it reviews and evaluates evidence submitted with O-1 Extraordinary Ability visa petitions, including adding examples of evidence for individuals in critical and emerging technologies. The O-1 nonimmigrant visa is intended for individuals possessing extraordinary ability in the sciences, arts, education, business or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. Highlights of the new guidance include:
Clarifying that beneficiary-owned separate legal entities can file a petition on the beneficiary’s behalf
Guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants
Examples of relevant evidence that may be submitted by an interested U.S. government agency
An example of an occupational change within a technological field
Clarifying the circumstances under which USCIS limits an extension of stay to one year
The updated guidance addresses President Biden’s Oct. 30, 2023, Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which directs the Department of Homeland Security to modernize immigration pathways for experts in artificial intelligence and other critical and emerging technologies, including for O-1A nonimmigrants.
