Dobrina M. Ustun, Esq.
EB-1A|NIW|O-1A|Immigration Law|Corporate Immigration, source: Linkedin
January 14, 2025
“I am referring to bringing in via legal immigration the top ~0.1% of engineering talent as being essential for America to keep winning.” — Elon Musk
This quote from Elon Musk resonates powerfully with the recent updates to the USCIS Policy Manual for O-1 visa holders and applicants. Enacted on January 8, 2025, these changes align with President Biden’s Executive Order on AI from October 2023—and they take effect immediately, offering fresh avenues for extraordinary individuals to build their futures in the United States.
A New Path for Entrepreneurial O-1s
One of the most exciting clarifications is that beneficiaries can form and own the company sponsoring their O-1 visa. This opens doors for startup founders and self-employed innovators eager to establish a U.S.-based business. Now, a corporation or LLC owned by the beneficiary can petition on their behalf, emphasizing that O-1 status is well-suited to individuals creating groundbreaking ventures at any stage of their career.
Reorganized O-1A and O-1B Guidance
In case you’re combing through the Policy Manual, the old O-1A and O-1B appendices have been relocated under Chapter 4 – O-1 Beneficiaries. This simpler structure should save time and frustration when researching requirements.
Expanded Awards Criterion
Early-stage achievers, take note: the USCIS has explicitly stated that an award “does not require an award or prize to be received at an advanced stage of the beneficiary’s career.” This is wonderful news for student founders, early-career professionals, and anyone who has garnered recognition for extraordinary work—even if they haven’t yet reached the pinnacle of their field.
Broader Examples for Original Contributions
The updates also detail more ways you can demonstrate significant original contributions, including:
- Patents or licenses deriving from your work
- Commercializing a research innovation
- Contributions to open-source repositories or other technical resources that have significant impact
- Letters from relevant government or quasi-government entities explaining the importance of your work
Strengthened Evidence of Critical or Essential Roles
Quasi-governmental agencies can now bolster an O-1 case by explaining how a beneficiary’s role is critical or essential to funded work. This goes a long way toward showcasing the far-reaching impact of an O-1 applicant’s talents.
Longer Extensions Made Easier
For those already in O-1 status, the new guidance supports 3-year extensions (rather than just 1 year) when there’s a new phase or activity—even with the same employer. This makes it much simpler for researchers, creatives, and entrepreneurs to continue long-term, evolving projects without facing annual re-application hurdles.
Important (But Not New) Reminders
- Career Transitions: Moving from athlete to coach or professor to industry researcher can still qualify under O-1 if you demonstrate extraordinary ability in your new field.
- Unlimited O-1 Extensions: There’s no cap on the number of O-1 extensions. Pursuing a permanent labor certification or green card does not disqualify you from renewing O-1 status.
By embracing these updates, the U.S. reaffirms its commitment to attracting extraordinary minds and global visionaries. While we don’t know how future administrations will handle immigration, one truth is clear: America cannot be great without her immigrants.
How We Can Help
If you’re considering an O-1 visa or want to explore these new policy clarifications, reach out to Dobrina Ustun (dobrina@saenzfirm.com) at Saenz Garcia Law. Our team is dedicated to helping extraordinary individuals—from top engineers to rising entrepreneurs—navigate this exciting but complex terrain.
Dobrina Ustun
This article is intended for informational purposes only and does not constitute legal advice