Biden Administration Action: Modified

2023.03.03 Evaluating Eligibility for O-1B Visa Classification

On March 3, 2023, USCIS updated its Policy Manual with guidance clarifying how USCIS evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television industry. The guidance is designed to improve predictability and transparency in adjudication of O-1B applications.

The policy update includes an appendix describing examples of evidence that may satisfy the O-1B evidentiary criteria. It also addresses considerations relevant to such evidence, such as noting that “comparable evidence” that is not specifically described in the O-1B criteria may be favorably considered “if the petitioner shows that a criterion is not easily applicable to the beneficiary’s job or profession,” and that a “detailed, specific, and credible” statement alone may suffice to show that a particular criterion applies.

Biden Administration Action: Modified

2024.10.02 Extraordinary Ability Criteria Clarification

On October 2, 2024, USCIS issued new guidance in its Policy Manual to clarify how it evaluates evidence to determine eligibility for classification as a person of extraordinary ability. The changes (1) confirm that USCIS considers a person's receipt of team awards under the criteria for "lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor"; (2) clarifies that USCIS considers past memberships under the membership criterion; (3) removes language suggesting published material must demonstrate the value of the applicant's work to meet the publications criterion; and (4) explains that the exhibition criterion expressly relates to artistic exhibitions, such that USCIS will only consider non-artistic exhibitions "as part of a properly supported claim of comparable evidence."

Biden Administration Action: Modified

2025.01.08 Updated Evidentiary Requirements for O-1 Extraordinary Ability

On January 8, 2025, USCIS issued PA-2025-02, updating guidance in its Policy Manual to clarify the government's evidentiary criteria in determining eligibility for classification as a person of extraordinary ability. The update (1) explains that a corporation or LLC owned by a beneficiary may file on that individual's behalf; (2) clarifies guidance regarding evidentiary criteria for O-1A and O-1B applicants; (3) provides an example of what USCIS would consider an occupational change in the technological field; and (4) details the circumstances under which USCIS would limit an extension of stay to 1 year.