U.S. Citizenship and Immigration Services (USCIS) Updates Policy Guidance on O-1A Petitions with a Focus on STEM Fields

On January 21, 2022, USCIS updated its guidance to clarify how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability in sciences, education, business, or athletics. This update provides additional guidance regarding the evaluation of evidence submitted in support of O-1A petitions for beneficiaries in sciences, education, business, or athletics, including examples and considerations that may be especially relevant for persons in STEM fields. In addition, this update provides guidance regarding the requirement that all O-1 beneficiaries are coming to the United States to continue work in their area of extraordinary ability or achievement, particularly how that requirement relates to beneficiaries transitioning to a new occupation.

This policy adds a chart in an appendix describing examples of evidence that may satisfy the O-1A evidentiary criteria, as well as considerations that are relevant to evaluating such evidence with a focus on evidence and considerations that are relevant to STEM fields. USCIS also provides examples of qualifying comparable evidence that petitioners could provide in support of a petition for a beneficiary in a STEM field.

This policy guidance is effective immediately. It is worth noting that this update does not change the criteria for the O-1A visa, but rather how a USCIS officer may consider the evidence submitted when adjudicating an O-1A petition.

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