USCIS Updates Policy Guidance on O Petitions

U.S. Citizenship and Immigration Services today published a new section (PDF, 296.54 KB) in the USCIS Policy Manual relating to the O nonimmigrant classifications. O-1 nonimmigrant status is available for aliens of “extraordinary ability” in the sciences, arts, business, education, and athletics, and aliens with a record of “extraordinary achievement” in the motion picture or television industry, who are coming to the United States temporarily to work in their area of ability or achievement. O-2 nonimmigrant status is available for essential support personnel coming solely to assist an O-1 artist or athlete. 

The new section expands guidance on evaluating O-1 eligibility, including how officers determine if the petitioner has satisfied the evidentiary criteria and established that the beneficiary has extraordinary ability or extraordinary achievement, as applicable. It also clarifies when a petitioner may rely upon “comparable evidence” to meet the requirements for certain O-1 beneficiaries. 

USCIS is also incorporating existing guidance relating to certain nonimmigrant athletes, coaches and entertainers (otherwise known as the P-1, P-2, and P-3 nonimmigrant classifications), and their essential support personnel into the Policy Manual.

For more information, see the USCIS Policy Manual.

(From USCIS)

This article is for background purposes only and is not intended as legal advice or legal document. Please contact a professional immigration attorney for legal consultation and service.