Updated Evidence Guidelines for O-1B Visa Applicants

An O-1B nonimmigrant visa is for foreign nationals who have extraordinary abilities or achievements in the arts, motion picture, or television industries. U.S. Citizenship and Immigration Services (USCIS) is clarifying its guidance on evaluating evidence to determine eligibility for O-1B nonimmigrants, based on stakeholder feedback who requested “predictable and transparent application of the O-1B evidentiary requirements.” Effective immediately, the new guidance says evidence for O-1B visa petitions does “not be entirely inapplicable to the beneficiary’s occupation in order to use comparable evidence.”

Evidence Required for O-1B Visa

The evidence required for an O-1B visa includes the following:

1. Documentation of your extraordinary ability or achievement in the arts or motion picture or television industry, such as awards, recognition, and critical reviews.
2. A written advisory opinion from a peer group, labor union, or a relevant expert in your field attesting to your extraordinary ability or achievement.
3. A contract or other documentation establishing your terms of employment in the United States, including the nature of the work to be performed, the duration of the employment, and the remuneration.
4. A detailed itinerary of the events or activities in which you will participate while in the United States.
5. Proof of your qualifications, such as your resume or curriculum vitae, educational credentials, and professional licenses.
6. Any additional documentation that may be relevant to your application, such as letters of support from industry peers, evidence of your contributions to your field, and any other relevant evidence demonstrating your extraordinary ability or achievement.

It’s important to note that the evidence required for an O-1B visa is extensive, and the application process can be complex. It may be helpful to consult with an experienced immigration attorney to help you prepare your application and gather the necessary evidence.

Learn More:

• New Guidance On O-1A Visa Requirements

Talk To An Experienced Immigration Attorney

Godoy Law Office provides business immigration law counsel and representation for both employers and employees in all immigration law contexts. Often foreign individuals want to pursue work and creative opportunities available in the United States and to live and work in the United States.

Our experienced immigration team assists foreign nationals in achieving their goals of living and working in America. Contact Godoy Law Office at 630-912-0322.

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