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March 2023: USCIS Issues Clarifying Guidance on Eligibility for the O-1B Visa Classification

20 Mar

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Update Applicable to:
All employers with immigrant employees.

What happened and what are the details?
U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of exceptional achievement in the motion picture or television industry.

Policy updates include adding a chart in the appendix that describes examples of evidence that may satisfy the O-1B evidentiary criteria and considerations relevant to evaluating such evidence. The chart also assists petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

The guidance also improves readability to help adjudicators with a predictable and transparent application of the O-1B evidentiary requirements in support of consistent decisions and improvements in efficiency.

This guidance, contained in Volume 2 of the Policy Manual, is practical immediately. The advice contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. For more information, see the Policy Manual.

For more information, please see the links below:

Policy Guidance (PDF, 310.33 KB)

O-1B Nonimmigrants

Policy Manual

USCIS News Release

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