U.S. Citizenship and Immigration Services (USCIS) Updates Guidance on O-1B Petitions for Extraordinary Ability in the Arts or Achievement in Motion Pictures and Television

On January 13, 2022, USCIS announced clarifying guidance on how it determines whether an O-1B beneficiary will be evaluated as a person of extraordinary ability in the arts or as a person of extraordinary achievement in the motion picture or television industry (MPTV) when a case has elements of both. This updated guidance is in the USCIS Policy Manual and clarifies that USCIS applies the eligibility requirements for O-1B (MPTV) if the beneficiary will perform services for motion picture or television productions while in the United States. It also provides examples as to which new forms of media, including various types of online content, USCIS may consider to properly fall within the O-1B (MPTV) subcategory.

The updated guidance states, in part: “USCIS interprets the eligibility requirements for O-1B (MPTV) to apply if the beneficiary will perform services for motion picture or television productions while in the United States regardless of other prospective services outside the MPTV industry...For a beneficiary with a record of extraordinary achievement in motion picture or television (MPTV) productions, USCIS interprets the beneficiary’s “area of extraordinary achievement” to include any proposed work within the MPTV industry.”

Please contact Iandoli, Desai & Cronin if you have questions about an existing O-1B case or are interested in evaluating your options for an O-1B visa (info@iandoli.com).