On January 8, 2025, U.S. Citizenship and Immigration Services (USCIS) released new guidance in its Policy Manual regarding the O-1 visa program, an important development for individuals seeking to work in the United States under the extraordinary ability category.
These updates are particularly relevant for professionals in emerging fields such as artificial intelligence (AI), reflecting priorities outlined in President Biden’s October 2023 Executive Order on AI.
Key Changes in USCIS Policy
The updates, published in Policy Manual Volume 2, Part M, clarify requirements and evidentiary standards for O-1 visa petitions. Below is a summary of the most notable changes:
1. Companies Owned by Beneficiaries May File Petitions
USCIS clarified that corporations or limited liability companies (LLCs) can petition for O-1 visas on behalf of beneficiaries even if the company is owned by the beneficiary. This is particularly beneficial for founders and entrepreneurs with extraordinary ability who wish to operate their own ventures in the U.S.
2. Expanded Guidance on Evidence Requirements
The updated policy refines how evidence is evaluated for both O-1A (science, business, athletics) and O-1B (arts, entertainment) petitions. Examples of acceptable evidence now include:
- Major awards or professional recognitions.
- Publications or significant contributions to professional organizations.
- Documentation from U.S. government agencies recognizing expertise, especially in areas such as AI or advanced technologies.
- Evidence of contributions addressing national challenges or advancing U.S. interests.
3. Clarification on Occupational Mobility Within Fields
The guidance provides additional examples of acceptable occupational changes within technological sectors. For instance, an individual moving from software engineering to AI research can demonstrate continued extraordinary ability within a related field.
4. One-Year Extensions of Stay
The policy clarifies that one-year extensions are granted in cases where the duration of future work is not clearly defined or is indirect. To minimize risks of delay or denial, petitions for extensions should include documentation detailing the scope and expected length of the beneficiary’s upcoming work.
Conclusion
These updates reflect the United States’ strategic focus on attracting top talent in critical and emerging industries. They provide clearer standards for O-1 petitions and support pathways for professionals seeking to launch or expand their careers in the U.S. Individuals pursuing an O-1 visa or considering an extension should review these changes to ensure compliance with the updated requirements.
© Copyrights, 2025 Law Offices of Candice Zaguedoun P.A.
