USCIS Issues Policy Guidance on O Visa
The Guidance expands upon evaluating O-1 eligibility, including how USCIS officers determine if the O-1 beneficiary has extraordinary ability or achievement. An officer first determines whether the O-1 petitioner has submitted evidence meeting the minimum number of criteria or a qualifying award. If the O-1 petitioner meets the evidentiary requirements, the officer must then consider all the evidence in the record in its totality to determine if the O-1 beneficiary is an alien of extraordinary ability or achievement.
The guidance further clarifies the circumstances under which a petitioner may rely upon “comparable evidence” to meet the evidentiary requirements for certain O-1 beneficiaries. For comparable evidence to be considered, the O-1 petitioner must explain why a particular evidentiary criterion listed in the regulations is not readily applicable to the beneficiary’s occupation, as well as why the submitted evidence is “comparable” to that criterion.
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Please note that this article does not constitute a legal advice. We simplified the law to outline the O-1 visa evaluation process. If you would like us to obtain O-1 visa, call our experienced O-1 visa attorney at 480-425-2009 or schedule your consultation online