Friday, November 29

USCIS clarifies criteria for O-1B visa for “extraordinary ability”

The opinion

By: The opinion Posted 05 Mar 2023, 14:29 pm EST

The Bureau of Citizenship and Immigration Services (USCIS) clarified the criteria for reviewing “extraordinary ability” visa petitions for artists.

It’s about the O-1B permits for which the immigration agency made clarifications on how it evaluates the evidence to determine the eligibility for non-immigrants who apply for said visa, which allows artists to work in the film or television industry.

“A table is added in an appendix to describe examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations that are relevant to evaluating said evidence”, indicates the agency as one of its adjustments.

The other modification will allow applicants to have access to a guide on comparable evidence that they can include in visa petitions, in order to improve their eligibility.

The O-1 nonimmigrant visa It is for those “possessing extraordinary ability in the sciences, arts, education, business, or athletics,” the agency says. The O-1B is focused on those who participate in film or television.

The USCIS amendment comes at the same time as the Democratic representative Maxwell Alexander Frost (Florida) asks the agency to stop the plan to increase the cost of O-1B visas by up to $250 percent, considering that it may affect the cultural industry.

“@USCIS is proposing to increase visa costs for artists who spin in the United States by up to 250%,” said Frost, who sent a letter to the agency. “These ridiculous increases are damaging to small and medium community art spaces.”

.@USCIS is proposing hiking up the costs of visas for foreign artist’s touring in the United States by over 250%. This ridiculous increase is harmful towards the arts community & small/medium venues. I led a letter to USCIS asking them to reconsider with some colleagues. pic.twitter.com/2FpKrJqIMG — Maxwell Alejandro Frost (@MaxwellFrostFL) March 3, 2023

The USCIS decision on the increase in immigration procedures is still under review, since it must finish receiving public comments in the Federal Register.