U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of the Director
Camp Springs, MD 20588-0009
PA-2025-02
January 8, 2025
Purpose
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy
Manual to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants
of extraordinary ability, including adding examples of evidence for individuals in critical and
emerging technologies.
Background
Under the Immigration and Nationality Act (INA), O-1 nonimmigrant status is available to persons of
extraordinary ability in the sciences, arts, business, education, and athletics, and persons with a
demonstrated record of extraordinary achievement in the motion picture or television industry.1
On October 30, 2023, the President issued the Executive Order on the Safe, Secure, and Trustworthy
Development and Use of Artificial Intelligence, which directed the Department of Homeland Security
to “review and initiate any policy changes the Secretary determines necessary and appropriate to
clarify and modernize immigration pathways for experts in AI and other critical and emerging
technologies, including O-1A….”2
USCIS subsequently received feedback from numerous
stakeholder organizations and is integrating many of these suggestions into the Policy Manual.
This guidance, contained in Volume 2 of the Policy Manual, is effective immediately and applies to
requests pending or filed on or after the publication date. The guidance contained in the Policy
Manual is controlling and supersedes any related prior guidance.
Policy Highlights
• Explains that a separate legal entity owned by the beneficiary, such as a corporation or limited
liability company, may file a petition on the beneficiary’s behalf.
• Provides clarifying guidance regarding evidentiary criteria for O-1A and O-1B nonimmigrants.
• Adds examples of relevant evidence that may be submitted by an interested U.S. government
agency.
• Provides an example of an occupational change within a technological field.
• Clarifies the circumstances under which USCIS limits an extension of stay to 1 year.
Summary of Changes
Volume 2 > Part M > Chapter 3 > Section A, Eligible Petitioners
• Revises and adds a sentence to the last paragraph.
Volume 2 > Part M > Chapter 4 > Section C, O-1A Beneficiaries in Sciences, Education, Business,
or Athletics
• Revises Subsection 2 (Supporting Documentation) throughout, including incorporating content
from Appendix: Satisfying the O-1A Evidentiary Requirements, with revisions.
• In Subsection 4 (Evaluating the Totality of the Evidence), adds to fourth and sixth footnotes
and adds new bullet to end of bulleted list.
Volume 2 > Part M > Chapter 4 > Section D, O-1B Beneficiaries in the Arts
• Revises Subsection 2 (Supporting Documentation) throughout, including incorporating content
from Appendix: Satisfying the O-1B Evidentiary Requirements.
Volume 2 > Part M > Chapter 4 > Section E, O-1B Beneficiaries in Motion Picture or Television
• Revises Subsection 2 (Supporting Documentation) throughout.
Volume 2 > Part M > Chapter 4 > Section F, Continuing to Work in the Area of Extraordinary
Ability or Achievement
• Revises second paragraph of Subsection 1 (O-1A Beneficiaries in Sciences, Education,
Business, or Athletics and O-1B Beneficiaries in the Arts).
Volume 2 > Part M > Chapter 9 > Section B, Extension of Stay
• Revises section throughout.
USCIS may also make other minor technical, stylistic, and conforming changes consistent with this
update.
Citation
Volume 2: Nonimmigrants, Part M, Nonimmigrants of Extraordinary Ability or Achievement (O),
Chapter 3, Petitioners [2 USCIS-PM M.3]; Chapter 4, O-1 Beneficiaries [2 USCIS-PM M.4]; and
Chapter 9, Admission, Extension of Stay, Change of Status, and Change of Employer [2 USCISPM M.9].
1 See INA 101(a)(15)(O)(i). See 8 CFR 214.2(o). 2 See Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, 88 FR
75191 (Nov. 1, 2023).
To provide feedback on this update, email USCIS at policyfeedback@uscis.dhs.gov.