Employment & work visasPOLICY UPDATE
Evidentiary Requirements for O-1 Nonimmigrants
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 O-1A nonimmigrants of extraordinary ability, including adding examples of evidence for individuals in critical and emerging technologies.
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 O-1A nonimmigrants of extraordinary ability, including adding examples of evidence for individuals in critical and emerging technologies.
- 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 limits an extension of stay to 1 year.
