On Jan. 8, 2025, U.S. Citizenship and Immigration Services issued guidance in the Policy Manual, Vol. 2, Part M, to clarify how USCIS evaluates evidence to determine eligibility for O-1 nonimmigrant visas for individuals with extraordinary ability or achievement, including adding examples of evidence for individuals in critical and emerging technologies.
What you Need to Know
The updated guidance in Policy Manual, Vol. 2, Part M, clarifies the following:
- 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 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; and
- Clarifies the circumstances under which USCIS limits an extension of stay to one year.
Background
O-1 nonimmigrant status is available to persons of extraordinary ability in the sciences, arts, business, education, and athletics, and persons with a demonstrated record of extraordinary achievement in the motion picture or television industry.
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.
More Information
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