USCIS Updates O-1 Guidance in Policy Manual

January 17, 2024

USCIS Updates O-1 Guidance in Policy Manual

USCIS Issues Updated Guidance on O-1 Nonimmigrants of Extraordinary Ability

On January 8, 2025, USCIS released updated guidance in the Policy Manual to clarify how evidence is evaluated for O-1 nonimmigrant visas for individuals with extraordinary ability or achievement. The guidance includes new examples of evidence for individuals working in critical and emerging technologies.

Key Highlights of the Update:

1. Expanded Filing Options

A separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may now file a petition on the beneficiary’s behalf.

2. Evidentiary Criteria Guidance

Clarifications are provided for O-1A (extraordinary ability in sciences, education, business, or athletics) and O-1B (extraordinary ability in arts or achievements in the motion picture or television industry) petition criteria.

3. Examples of Relevant Evidence

The update adds examples of evidence that may be submitted by interested U.S. government agencies to support petitions.

4. Occupational Changes within Technological Fields

Provides examples of scenarios involving occupational changes within a technological field, ensuring that petitions reflect evolving career trajectories.

5. Extension of Stay Clarifications

Outlines circumstances under which extensions of stay for O-1 nonimmigrants may be limited to one year.

Alignment with National Policy

This updated guidance aligns with President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (issued October 30, 2023). The order emphasizes modernizing immigration pathways for experts in artificial intelligence and other critical and emerging technologies, including O-1A nonimmigrants.

Background on O-1 Visas

O-1 nonimmigrant status is available to individuals with extraordinary ability in the sciences, arts, education, business, or athletics, and individuals with a record of extraordinary achievement in the motion picture or television industry.

How This Impacts Petitioners

These updates provide clearer guidelines and greater flexibility for individuals and entities seeking to file O-1 petitions. The inclusion of examples specific to critical and emerging technologies reflects USCIS’s commitment to supporting innovation and national competitiveness. Petitioners should ensure their documentation highlights extraordinary achievements and their relevance to the proposed field of endeavor.

Learn More

To review the updated guidance in full, visit the USCIS Policy Manual, Volume 2, Part M. For expert legal assistance with preparing an O-1 petition, book a consult with our team Fakhoury High Skill Immigration. Our dedicated team specializes in immigration solutions for high skilled individuals across all fields. Follow us on LinkedIn and other socials for insights and updates.

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