Updated USCIS Policy Guidance for O-1 Nonimmigrants
On January 8, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance that clarifies how USCIS evaluates evidence in determining eligibility for O-1A nonimmigrants of extraordinary ability. This also includes adding examples of evidence for individuals in critical and emerging technologies.
Background
O-1A nonimmigrant status is available to individuals of extraordinary ability in the sciences, education, business, or athletics. O-1B nonimmigrant status is available to individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry.
In late 2023, President Biden issues the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence. This prompted the Department of Homeland Security (DHS) to “review and initiate any policy changes the Secretary determines necessary and appropriate to clarify and modernize immigration pathways for experts in AI and other critical and emerging technologies, including O-1A…” Following this, USCIS received feedback from many stakeholder organizations and integrated these suggestions into the Policy Manual.
Policy Updates
This updated policy guidance clarifies the following:
- It explains that a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file a petition on the beneficiary's behalf.
- Provides clarifying guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants.
- Adds examples of relevant evidence that may be submitted by an interested U.S. government agency.
- Provides an example of an occupational change within a technological field.
- Clarifies the circumstances under which USCIS restricts an extension of stay to one year.
These changes made by USCIS aim to provide greater clarity and consistency in evaluating eligibility requirement for O-1A nonimmigrants. As this matter is subject to changes, we encourage readers to check our website frequently for updates on this and all matters related to immigration law.