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

U.S. Citizenship and Immigration Services today issued policy guidance (PDF, 310.33 KB) 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.

Policy updates include 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 guidance also improves readability to help adjudicators with 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 effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. For more information, see the Policy Manual.