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O-1B Visa Category Clarification

Recently, U.S. Citizenship and Immigration Services (USCIS) issued a policy guidance clarifying how it evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television industry. This guidance, contained in Volume 2 of the Policy Manual, is effective immediately.

In its policy alert, USCIS noted two policy updates. The first update is that the agency is adding a chart in the appendix that describes examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations relevant to evaluating such evidence. The chart also assists petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility. The second update is that the agency has improved readability to help adjudicators with predictable and transparent application of the O-1B evidentiary requirements, in support of consistent decisions and improvements in efficiency.

For any questions about the O-1B visa category, contact our office to set up a consult with one of our attorneys today!