United States | O-1 visa policy manual guidance updates issued

On Jan. 8, U.S. Citizenship and Immigration Services (USCIS) issued policy manual guidance to clarify how it evaluates evidence to determine O-1 visa eligibility, including adding examples of evidence for individuals in critical and emerging technologies.

Key Points:

• 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.
• Updates 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 was issued in the USCIS Policy Manual, Vol. 2, Part M.

Additional Information: 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.

This alert has been provided by the BAL U.S. Practice Group.

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