On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued a policy alert regarding the evaluation of eligibility for the O-1B visa classification. This policy guidance aims to provide clarification on 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.

Under the Immigration and Nationality Act (INA), the O-1 nonimmigrant status is available to individuals of extraordinary ability in various fields, including sciences, arts, business, education, athletics, and those with a record of extraordinary achievement in the MPTV industry. The USCIS issued this update to provide additional guidance regarding the evaluation of evidence submitted in support of O-1B petitions.

This policy alert was prompted, in part, by stakeholder comments that highlighted the need for predictable and transparent application of the O-1B evidentiary requirements. The USCIS has responded to this need by providing additional guidance on how evidence is evaluated and considered for the O-1B visa classification.

The USCIS has added a chart to describe examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations that are relevant to evaluating such evidence. This chart provides a useful reference for petitioners to understand the type of evidence that may be necessary to support an O-1B petition.

The USCIS has also updated guidance on comparable evidence for O-1B petitions for beneficiaries in the arts to improve readability and emphasize that a criterion need not be entirely inapplicable to the beneficiary’s occupation to use comparable evidence. This update provides more flexibility in the types of evidence that can be submitted to support an O-1B petition.

The USCIS has also made changes to the USCIS Policy Manual, adding new subsection headings and two new italicized subheadings to existing content in Section D (O-1B Beneficiaries in the Arts) and relocating some content about comparable evidence to the main text from existing footnote 38. The USCIS has also added a new appendix (Satisfying the O-1B Evidentiary Requirements) to Chapter 4 and new subsection headings 1-3 to existing content in Section E (O-1B Beneficiaries in Motion Picture or Television).

Overall, this policy alert provides much-needed clarity and transparency regarding the evaluation of eligibility for the O-1B visa classification. Petitioners and beneficiaries alike can benefit from the USCIS’s updated guidance, and the new appendix and chart provide a useful reference for those seeking to submit an O-1B petition. USCIS welcomes feedback on this update, and individuals may provide feedback by emailing policyfeedback@uscis.dhs.gov.

If you have questions about the O-1B visa or any other immigration-related issue, contact us at ILBSG. Our team of attorneys works with our clients to maximize their odds of a successful outcome.

O-1B O-1B Visa USCIS