Employment & work visasPOLICY UPDATE
Evaluating Eligibility for O-1B Visa Classification
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for the O-1B visa classification for nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television (MPTV) industry.
Effective date and application
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately
Key changes
- U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS evaluates evidence to determine eligibility for the O-1B visa classification for nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television (MPTV) industry.
- Adds chart in an appendix to describe examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations that are relevant to evaluating such evidence.
- Updates guidance on comparable evidence for O-1B petitions for beneficiaries in the arts for improved readability and to emphasize that a criterion need not be entirely inapplicable to the beneficiary’s occupation in order to use comparable evidence.
