On January 8, 2025, USCIS issued a Policy Alert outlining several updates to its Policy Manual, particularly within Volume 2, Part M, which is dedicated to O Nonimmigrants. These changes stem from feedback received from stakeholders as part of the Executive Order aimed at clarifying and modernizing immigration pathways, especially for experts in artificial intelligence (AI) and other emerging technologies. If fully implemented as outlined, these revisions could offer significant benefits for both petitioners and beneficiaries of the O visa program
1. A Broader Scope for Petitioner Eligibility
One of the most important changes in the updated policy is related to who can act as the petitioner for an O beneficiary. While O beneficiaries cannot petition on their own behalf, the new guidance clarifies that a separate legal entity—owned by the beneficiary—can now serve as the petitioner. This entity can be a corporation, limited liability company (LLC), or another legal business structure.
2. Admission, Extension of Stay, Change of Status, and Change of Employer: Clarification on Event Definitions and Extensions
The updated guidance provides additional authority for requesting a 3-year extension, even when the beneficiary continues with the same employer. USCIS now clarifies that when 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 the period necessary to complete the new event or activity, not exceeding 3 years. This includes situations where a beneficiary’s continued employment involves different activities, such as continuing in a different phase or trial for the same research. This flexibility allows O-1 visa holders to stay on track with ongoing projects without unnecessary disruption.
- Clarified Examples of Events or Activities: The Policy Manual now provides examples of what constitutes an event or activity for O-1 petitioners, including scientific projects, lecture series, tours, academic years, and engagements. When the activity or event changes, officers are now guided to grant extensions of stay based on the new event or activity, as long as it is within the context of the original petition and does not exceed a period of three years.
- Inclusion of New Research Phases as an Event: The new guidance recognizes that continuing a research project in a different phase or trial may qualify as a new event or activity, and thus could justify a request for an extension of stay.
- Removal of Certain Denial Guidance: Previously, there was a guideline suggesting that USCIS should not deny extension requests solely because the event or employer had changed. This language has now been removed.
3. Awards Criterion: More Accessibility for Emerging Professionals
The updated policy also brings good news for students and early-career professionals. The Awards Criterion has been revised to clarify that an award or prize does not need to be received at an advanced stage of the beneficiary’s career.
4. Original Contributions Criterion: Additional Examples of Evidence
The Original Contributions Criterion has been expanded with additional examples of evidence that can be used to demonstrate a beneficiary’s extraordinary ability. New examples include:
- Patents or licenses deriving from the beneficiary’s work.
- Commercial use of the beneficiary’s work, such as the 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 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.
These additions allow petitioners to submit a wider variety of evidence to support the case for extraordinary ability, especially for those working in cutting-edge fields like technology and research.
5. Critical or Essential Role for Distinguished Organizations
The Policy Manual now adds more language regarding the Critical or Essential Role for Distinguished Organizations. A letter or documentation from an interested government agency, including a quasi-governmental entity, can serve as relevant evidence if it demonstrates that the agency 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. This strengthens the case for O-1 beneficiaries working in vital roles within distinguished organizations, adding a layer of flexibility in how contributions to important projects are assessed.
Conclusion
The recent updates to the USCIS Policy Manual reflect a shift towards modernizing the O-1 visa process, particularly for individuals in emerging fields such as AI, technology, and research. As these updates continue to take effect, both petitioners and beneficiaries should familiarize themselves with the new guidance to ensure they are well-prepared to take full advantage of these changes.
