U.S. Citizenship and Immigration Services (USCIS) announced updates to their guidance regarding the O-1 Nonimmigrant Visa for Individuals with Extraordinary Ability or Achievement. The update includes examples of qualifying evidence for those applying with a critical or emerging technologies provision, among other items. Below is the list of updates.
Specifies that a separate legal entity that is owned by the beneficiary is eligible to submit a petition on behalf of the beneficiary;
Clarifies required evidentiary criteria for O-1A and O-1B nonimmigrants;
Provides examples of evidence that can be submitted on behalf of an interested U.S. government agency;
More clearly defines occupational change within a technological field; and
Further explains the situation that drives USCIS to limit extension of stay to one year.
The O-1 nonimmigrant extraordinary ability visa is available to qualifying individuals in the sciences, arts, business, education, athletics and those with extraordinary achievement in television and motion pictures. The USCIS update to the policy guidance is in response to President Biden’s direction to the Department of Homeland Security to adjust immigration policy in response to emerging and critical technologies, including O-1A nonimmgrants.
If you have questions about the extraordinary ability visa or any other U.S. immigration related issue, please contact us at ILBSG. Our clients work directly with attorneys to ensure they get the right advice. Our firm offers extensive experience in both employment-based and family-based U.S. immigration matters.
