What Are the Updates on O-1B Visa Eligibility?

Recently, the United State Citizenship and Immigration Services (USCIS) issued policy guidance to clarify how they determine eligibility for the O-1B visa classification. Follow along to find out what the updates are on how they evaluate evidence and how a proficient work authorization permit lawyer in Milwaukee, WI, at the Sesini Law Group, S.C., can walk you through this.

What is an O-1B visa?

First off, the USCIS understands that certain individuals are required to frequently travel for their profession. And if this entails moving to the United States, these certain individuals must be granted the opportunity to retain employment in their field within the country. Essentially, this is why the USCIS offers the O visa.

Put simply, the O visa is a type of nonimmigrant temporary work visa that allows certain individuals with extraordinary abilities to gain employment in their field within the United States. Such individuals with extraordinary abilities are recognized as the following:

  • Individuals with extraordinary abilities in athletics.
  • Individuals with extraordinary abilities in business.
  • Individuals with extraordinary abilities in education.
  • Individuals with extraordinary abilities in science.

With that being said, the O-1B visa is a subset of the O visa that recognizes individuals who possess extraordinary talents in the arts. More specifically, it is designated for those who have had extraordinary achievements in the motion picture or television industry who wish to temporarily come to the United States to continue work in this area.

What updates did the USCIS make on O-1B visa eligibility?

One of the biggest policy updates for the O-1B visa is that the USCIS has now added a chart in the appendix to describe examples of evidence that may satisfy the O-1B criteria.

Firstly, the USCIS states that an applicant must provide evidence that they have been nominated for or have been the recipient of a significant national or international award or prize in their field (i.e., an Academy Award, an Emmy, a Director’s Guild Award, etc). Next, they must provide any three of the following pieces of evidence:

  • Evidence that they have performed and will perform as a lead or starring participant in distinguished productions or events (i.e., critical reviews, press releases, advertisements, endorsements, etc).
  • Evidence that they have performed and will perform as a lead or starring participant for a distinguished organization or establishment (i.e., newspapers, magazines, trade journals, etc).
  • Evidence that they have achieved national or international recognition for the achievements (i.e., newspapers, magazines, trade journals, etc).
  • Evidence that they have a record of commercial or critically acclaimed success (i.e., box office receipts, motion picture ratings, television ratings, published reviews, etc).
  • Evidence that they have a record of recognition by organizations, critics, government agencies, or recognized experts in the field (i.e., testimonials).
  • Evidence that they have a record of commanding a high salary or other substantial remuneration for their services (i.e., contracts).

For more information on this update, contact a talented Wisconsin immigration attorney today.

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