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Original Date Announced
September 17, 2020USCIS issues PA-2020-24, updating Policy Manual guidance on the O visa classification. The update adds guidance on O -1 status eligibility, especially evidentiary requirements. Under the revision to the Policy Manual, a petitioner using comparable evidence must still present three categories of evidence and show why each category is comparable to the regulatory criterion it is intended to replace. [ID #1062]
USCIS policy alert updating guidance on O visas USCIS Policy Manual: Part M - Aliens of Extraordinary Ability or Achievement (O)Effective Date
September 17, 2020Biden Administration Action: Modified
March 3, 2023Chapter 4 - O-1 Beneficiaries
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.
View DocumentCurrent Status
Partially in effectMost Recent Action
March 3, 2023 Action: Modified Chapter 4 - O-1 BeneficiariesMarch 3, 2023Acted on by Biden Administration
Original Trump Policy Status
Status: Final/ActualTrump Administration Action: Agency DirectiveSubject Matter: Non-Immigrant Visas: Employment-BasedAgencies Affected: USCIS