USCIS has issued a Policy Alert and updated the USCIS Policy Manual to clarify how USCIS determines whether an O-1B Applicant is evaluated as a person of extraordinary ability in the arts (O-1B Arts) or as a person of extraordinary achievement in the motion picture or television industry (O-1B MPTV). The full update can be found in the USCIS Policy Manual Chapter 4 on O-1 Beneficiaries.
Highlights from the update include the following:
- USCIS will apply the eligibility requirements for O-1B (MPTV) if the beneficiary will perform services for motion picture or television productions while in the United States, unless the artist’s work or appearance on an MPTV production is incidental to their non-MPTV work as an artist.
- USCIS provides examples as to which new forms of media, including various types of online content, they may consider to properly fall within the O-1B (MPTV) subcategory.
The updated guidance is effective immediately.
If you have questions about your O-1 case, please feel free to contact our office for a complementary consultation on your case.