On January 8, 2025, United States Citizenship and Immigration Services (“USCIS”) released new guidance in its policy manual clarifying how the agency assesses evidence for O-1 visa eligibility for individuals with extraordinary ability. The O-1 visa is designed for individuals with extraordinary abilities in the fields of science, arts, education, business, or athletics, as well as those who have achieved notable success in the motion picture or television industry, with recognition at a national or international level. The updates include detailed examples from evolving industries, particularly technology and creative sectors, recognizing the changing landscape of work and innovation, thereby allowing individuals in fields like artificial intelligence, digital media, and other emerging areas to better demonstrate their impact.

On June 9, 2021, in accordance with President Biden’s executive order 14012 on restoring faith in our legal immigration system, US Citizenship and Immigration Services (USCIS) released significant policy revisions in an effort to “eliminate unnecessary barriers to our nation’s legal immigration system and reduce burdens on noncitizens who may be eligible for immigration benefits,” said Acting USCIS Director Tracy Renaud.

The new policy guidance updates the USCIS Policy Manual to “clarify the criteria and circumstances for expedited processing; improve request for evidence (RFE) and notice of intent to deny (NOID) guidance; and increase the validity period for initial and renewal employment authorization documents (EADs) for certain noncitizens with pending adjustment of status applications.”