Policy And Practice Changes Impact The O-1 Visa

During the Trump administration's 22 months in office, no new laws or regulations have been passed governing the O-1 nonimmigrant visa for foreign nationals with extraordinary ability in the arts, sciences, education, business, or athletics. Rather, the administration has made incremental changes to the review and standards used in the O-1 context, doing so through policy memorandum, delayed processing times, or changes in submission procedures. All of these changes are affecting the adjudication of the legally required O-1 petition forms at U.S. Citizenship and Immigration Services (USCIS) offices.

Further, additional vetting procedures at U.S. consulates overseas have caused undue delays in the issuance of the visa stamps needed to enter the United States under the O-1 visa to work or perform here. Additionally, increased scrutiny by U.S. Customs and Border Protection (USCBP) agents at airports and border crossings has made it harder for O-1 visa holders to enter the United States. O-1 visa holders must ensure they have their O-1 petition approval notices and can articulate their O-1 purpose for visiting the United States to ensure a seamless process at the time of USCBP inspection.

Who Can Qualify for the O-1?

O-1 visas are reserved for foreign nationals coming to the United States to either work in any of the fields listed above for a finite period of time, or for an event or series of events lasting no longer than three years. It is key that O-1 visa applicants articulate the field as narrowly as possible to meet the stringent criteria enunciated in the O-1 regulations. There are two O-1 visa classifications, O-1A and O-1B.

The O-1A visa is for foreign nationals with extraordinary ability in the sciences, education, business, or athletics (it does not include those in the arts, motion picture, or television industries). The O-1B visa is for foreign nationals with extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry.

Both classifications require the individual to meet certain criteria, demonstrating sustained national or international acclaim (O-1A) or a record of extraordinary achievement (O-1B). USCIS rules include a list of criteria to meet the O-1 visa requirements using the "preponderance of the evidence" standard when reviewing the documentation.

How Has the O-1 Visa Petition Process Changed Under This Administration?

No More RFEs

While the application process, O-1 forms, and...