On January 21, 2022, US Citizenship and Immigration Services announced clarification on how USCIS evaluates the evidence for determining eligibility for O-1A nonimmigrants of extraordinary ability with a focus in Science, Technology, Engineering, or Mathematics (STEM).

Policy Highlights at a Glance

This policy modifies the USCIS Policy Manual and adds:

  • A chart in the appendix describing examples of evidence to satisfy the O-1A criteria requirement as well as considerations relevant to evaluating evidence (with a focus on those in the STEM fields)
  • Examples of qualifying comparable evidence that petitioners could provide in support of a petition for a beneficiary in the STEM fields.
  • Clarification on how officers evaluate the totality of evidence to determine O-1A eligibility and examples of positive factors which officers consider.
  • Explanations for evaluating when beneficiaries of extraordinary ability are to be working in their “area of extraordinary ability” and how officers focus on whether the prospective work will involve the skillsets, knowledge, or expertise shared with the occupation(s) which the beneficiary garnered acclaim.
  • Clarification on how a beneficiary with a record of extraordinary achievement in MPTV (Motion Pictures/Television) productions, USCIS interprets the beneficiary’s “area of extraordinary achievement to include any proposed work within the MPTV industry.

Important Information for Interested Petitioners

The O-1 visa classification is intended for beneficiaries who can demonstrate that they possess an extraordinary ability in the sciences, arts, education, business, or athletics, or who have demonstrated extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements.

The O-1A visa is a subcategory under the O-1 visa for individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures, or television industry).

The O-1B visa is for individuals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Extraordinary ability for O-1A purposes in the STEM fields means that the beneficiary has a level of expertise indicating that they are in one of the small percentages who has risen to the very top of their field. Extraordinary ability for O-1B purposes means distinction. Distinction means a high level of achievement in the field of the arts. This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that the beneficiary is prominent, renowned, leading, or well-known in the field of arts.

This USCIS policy alert provides additional guidance regarding the evaluation submitted in support of O-1 petitions and supersedes any related prior guidance on the topic.

With additional guidance from USCIS, we expect the processing of evidence for submissions to be clearer to support O-1 visa petitions. If you believe you may be a qualified candidate for the O-1 visa classification or have other immigration-related questions, International Legal and Business Services Group, LLP has a talented team of trained attorneys to assist you with your case. We put our expertise and experience to work for you to ensure you get the right advice. Contact us anytime.

O-1 STEM USCIS