On Jan. 8, 2025, USCIS issued guidance in the Policy Manual, Vol. 2, Part M, to clarify how USCIS evaluates evidence to determine eligibility for O-1 nonimmigrant visas for individuals with extraordinary ability or achievement.
Changes Reflected in the Policy Updates
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The policy manual update includes guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants, including:
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examples of evidence for individuals in critical and emerging technologies, such as Advanced Computing, Biotechnologies, and Artificial Intelligence;
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examples of relevant evidence that may be submitted by an interested U.S. government agency; and
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examples of an occupational change within a technological field.
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The policy manual update also includes changes to the high salary section, where USCIS has added “organizational justifications to pay above the compensation data.”
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The policy manual update also includes changes to the critical role section, where USCIS clarifies that an applicant may be a member of a key committee “or high-performing team” within a distinguished organization
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The policy manual update also clarifies:
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that a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file a petition on the beneficiary’s behalf;
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the circumstances under which USCIS limits an extension of stay to one year.
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The updated guidance addresses President Biden’s Oct. 30, 2023, Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which directs the Department of Homeland Security to modernize immigration pathways for experts in artificial intelligence and other critical and emerging technologies, including for O-1A nonimmigrants.
Erickson Insights and Analysis
Per this policy manual update, O-1 applicants will now be eligible for extensions in increments of up to 3 years. The guidance also clarifies that 3-year extensions are available where a beneficiary’s continued employment is with the same employer, but where their role may be expanding or involving new activities.
Overall, these are welcome updates which bring clarity and consistency to the USCIS Policy manual and provide helpful examples that practitioners and beneficiaries can rely on in preparing O-1 petitions and responding to requests for evidence.
Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.