Good news for O-1 visa applicants! The USCIS has just updated its Policy Manual on the O-1 visa.
And good news for O-1 visa lawyers! Anna Potter and I have poured over the updates (and compared them to the prior policy manual) so you don’t have to! 😊
Anyone who has heard me speak on O-1 visas will likely know that I’m a broken record when it comes to the importance of the policy manual. It is such a key tool for us attorneys, and we can use it to effectively advocate for our clients. I often joke that I can recite the policy manual in my sleep, and I’m not sure how much of a joke this actually is. 😉
The updates are in line with President Biden’s Executive Order on AI that was issued in October 2023. Better late than never! And I’m especially glad to see the Biden Administration take action like this before the end of its term.
The guidance is effective immediately and applies to all O-1 cases pending on or filed after the publication date of January 8th, 2025.
The main updates are:
- You can own a company that sponsors your O-1 visa. We’ve long advised on this (based on other written policy) but now we have additional USCIS guidance on this. We find this Beneficiary owned company to be a great option for lots of our O-1 clients.
- “a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf.”
- O-1A and O-1B Appendix → these are no longer standalone items in the Appendices section. Instead, they have been moved under the Chapter 4 – O-1 Beneficiaries section. It took me quite a while to find these so hopefully, this saves others time!
- Awards Criterion → adds that this criterion does not “require an award or prize to be received at an advanced stage of the beneficiary’s career.” Great news for student startup founders (and others)!
- Original Contributions Criterion → adds additional examples here including:
- “Patents or licenses deriving from the beneficiary’s work.
- Evidence of commercial use of the beneficiary’s work, such as commercialization of a research innovation.
- Contributions to repositories of software, data, designs, protocols, or other technical resources with evidence of significant scientific, scholarly, or business-related impact in the field.
- A letter or other documentation from an interested government agency, including a quasi-governmental entity, that explains in detail the significance of the individual’s original work to the field, especially as related to the funding interests and mission of the agency or entity.”
- Critical or Essential Role for Distinguished Organizations → adds some language including:
- “Similarly, a letter or other documentation from an interested government agency, including a quasi-governmental entity, can serve as relevant evidence if it demonstrates that the agency or entity either funds the beneficiary or funds work in which the beneficiary has a critical or essential role, and explains this role in the funded work.”
- 1 Year or 3 Year Extension? The new guidance gives more authority for requesting a 3 year extension even with the same employer (again something we have done before but this is good policy language).
- “Where a petitioner requests to extend the stay of an O-1 or O-2 nonimmigrant based on a new event or activity (whether or not the employer has changed), USCIS may authorize an extension of stay for a period determined to be necessary to accomplish the new event or activity, not to exceed 3 years. Such requests may include instances where a beneficiary’s continued employment may involve different activities, such as when continuing in a different phase or trial for the same research.”
The below notes aren’t new in this update (they were in prior updates from the Biden Administration) but we’re highlighting them here because they are important:
- Working in your field? Career Transitions? Some language here that might make it easier to file a case for those going from one career/role to another.
- “…When considering a petition for a beneficiary who is transitioning to a new occupation (for instance, an acclaimed athlete coming to be a coach, a renowned STEM professor or academic researcher coming to work for a private company, an engineer coming to start a technology company, or an acclaimed dancer coming to be a dance teacher or choreographer)…”
- Is there a limit on how many O-1 extensions you can get? No, there is not!! This has always been the case but the USCIS has explicitly stated:
- “There is no limit to the number of extensions of stay USCIS may approve for the same beneficiary. Furthermore, USCIS should not deny such requests on the basis of the approval of a permanent labor certification or the filing of a preference petition for the O-1 beneficiary.”
Overall, I’m glad to see the Biden Administration take these steps as they are cleaning out their desks. Let’s hope the next Administration sees the same value in our extraordinary ability clients! We know that America cannot be great without her immigrants!
Fiona McEntee is an award-winning, nationally recognized immigration attorney. She is the Founder and Managing Attorney of McEntee Law Group in Chicago. Fiona and her team of passionate advocates represent individuals and families, as well as the world’s leading musicians, artists, athletes, innovative entrepreneurs/startups, and multinational and U.S. companies. Fiona has particular expertise with the “extraordinary ability” O-1 visa and with immigration options for startups. Fiona has also written and published Our American Dream an award-winning children’s book on immigration, and U.S. Immigration Options for Startups: Accelerate Your American Dream.
The post USCIS Updates O-1 Visa Policy: Key Changes in January 2025 first appeared on McEntee Law Group.