The USCIS has issued policy guidance to clarify how eligibility for the O-1B visa classification for individuals of extraordinary ability in the arts and individuals of extraordinary achievement in the motion picture or television industry will be evaluated. The guidance was issued in response to stakeholder feedback and includes a chart in the appendix to provide examples of evidence that may satisfy the O-1B evidentiary criteria. The guidance is effective from 3/3/23, and comments are due by 4/3/23. The Policy Manual contains controlling guidance and supersedes any prior guidance on the topic.
Remzi Guvenc Kulen, Esq.
Kulen Law Firm, P.C.
