​On January 8, 2025, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert announcing several updates to its Policy Manual regarding O nonimmigrants. These revisions, found in Volume 2, Part M, were influenced by stakeholder feedback and an Executive Order aimed at modernizing immigration pathways for experts in AI and other critical and emerging technologies.

If fully implemented, these changes should benefit both petitioners and beneficiaries, making the O-1 visa process more flexible and inclusive. Below is a breakdown of the most notable updates and how they may impact O-1 visa applicants.

1. Petitioners: Business Entities Can Now Petition for Their Owners
Previously, O-1 visa beneficiaries were not allowed to self-petition. However, under the new policy guidance, a separate legal entity owned by the beneficiary may now serve as the petitioner.

This means that corporations, limited liability companies (LLCs), or other registered business entities owned by the applicant can now file an O-1 petition on their behalf, as long as it is a legally recognized and distinct entity.

Why This Change Matters

• Increased flexibility for entrepreneurs and independent professionals.
• Easier access for business owners who want to work in the U.S. under an O-1 visa.
• More control over visa sponsorship without relying on external employers or agents.

2. Expanded Evidence Criteria for O-1A Beneficiaries
USCIS has expanded the types of evidence that can be used to demonstrate extraordinary ability for O-1A visa applicants (individuals in sciences, education, business, or athletics).

Key Addition: Government & Quasi-Government Letters

• A letter or documentation from a government agency or quasi-governmental entity can now serve as evidence of an applicant’s sustained national or international acclaim.
• This letter must attest in detail to the applicant’s extraordinary ability and contributions to their field.

Why This Change Matters

• Provides additional evidence options for professionals in AI, technology, and research fields.
• Enhances credibility for applicants who have government-backed recognition.
• Helps applicants who may not fit neatly into traditional O-1 regulatory criteria.

3. Greater Flexibility for Extensions of Stay and Employer Changes
USCIS has clarified what qualifies as an “event” or “activity” for O-1 visa extensions and employer changes.

Key Changes

• Examples of qualifying events now include:
  • Scientific projects
  • Lecture series
  • Academic years
  • Tours and engagements
• If the event or activity changes, officers may grant an extension of stay for the period required to complete the new event, up to three years.
• Research trials or different phases of a project are now considered valid “new events”, allowing for continued visa eligibility.

What Was Removed?
USCIS eliminated previous guidance that:

• Restricted visa extensions due to changes in employment or event details.
• Prevented subsequent petitioners from filing an extension due to a new employer or change in event scope.

Why This Change Matters

• Reduces visa denials based on event or employer changes.
• More flexibility for professionals working on long-term research, academic, or creative projects.
• Allows smoother transitions when continuing work with new employers or projects.

Final Thoughts
The USCIS 2025 O-1 visa updates bring positive changes that make the petitioning process more accessible, flexible, and fair for individuals with extraordinary ability. Key improvements include:

• Allowing O-1 beneficiaries to be petitioned by their own businesses.
• Expanding the types of evidence accepted for O-1A applications.
• Providing more flexibility for visa extensions and employer changes.

For O-1 visa applicants and petitioners, these changes mean greater opportunities and fewer restrictions. If you are considering applying for an O-1 visa or extending your stay, consulting with an experienced immigration attorney can help you navigate these new policies effectively.

​Need assistance with your O-1 visa application? Contact us today for expert guidance!

With the Trump Administration returning to office in 2025, U.S. immigration policies, including O-1 visa processing, are expected to face stricter enforcement and increased scrutiny. The O-1 visa, which is granted to individuals with extraordinary ability in sciences, arts, education, business, or athletics, has historically been a popular option for high-achieving professionals. However, under the new administration, applicants can expect longer processing times, increased vetting, and a higher risk of audits.

Increased O-1 Visa Processing Times
One of the major changes expected under the Trump Administration is longer O-1 visa processing times. This is due to:

• Enhanced background checks and security measures for applicants
• More Requests for Evidence (RFEs), requiring additional documentation to prove eligibility
• Increased scrutiny at USCIS and consular posts, slowing down approvals

Even with premium processing, which currently allows applicants to receive a decision within 15 calendar days, there may be additional delays due to administrative backlogs and heightened review standards.

Increased Requests for Evidence (RFEs)
Under the Trump Administration, USCIS is likely to issue more RFEs to O-1 applicants, making the application process more challenging. Applicants can expect:

• Higher demands for extensive documentation proving extraordinary ability
• Stricter standards for letters of recommendation and contracts
• Increased emphasis on salary and employment terms to ensure compliance with U.S. labor laws

To minimize the risk of an RFE or denial, applicants should prepare a strong petition with detailed evidence demonstrating their qualifications, achievements, and the necessity of their work in the U.S.

Stricter Scrutiny at Consular Interviews
O-1 visa applicants attending visa interviews at U.S. embassies and consulates may experience:

• Tougher questioning about their work, employer, and intent to return to their home country
• Increased denial rates due to suspected immigration intent
• Additional security checks, especially for applicants from certain countries

Consular officers may challenge the legitimacy of job offers, contracts, or sponsorship agreements, requiring applicants to be fully prepared with supporting documents to justify their O-1 eligibility.

Higher Risk of Business Immigration Audits
Employers sponsoring O-1 visa applicants may face a higher likelihood of audits from the Department of Labor (DOL) and USCIS. This includes:

• Worksite inspections to verify that employers are complying with visa regulations
• Review of tax records, payroll, and job duties to ensure compliance
• Increased scrutiny on contractual agreements between employers and visa beneficiaries

Companies that fail to comply with O-1 visa regulations could face fines, visa revocations, or future restrictions on sponsoring foreign workers.

How to Prepare for These Changes
Given these expected policy shifts, O-1 visa applicants and their employers should take proactive steps to strengthen their cases:

1. File well-documented petitions with strong evidence, including media coverage, awards, and expert letters.
2. Prepare for RFEs by ensuring all paperwork is clear, detailed, and aligned with USCIS standards.
3. Be ready for intense visa interviews by practicing responses and organizing all required documents.
4. Employers should conduct internal audits to ensure compliance with business immigration laws.

Final Thoughts
The return of the Trump Administration in 2025 will likely lead to stricter O-1 visa policies, increased processing times, and a tougher review process at both USCIS and consular posts. Applicants and employers should prepare for longer wait times, more RFEs, and a higher risk of audits. Working with an experienced immigration attorney can help navigate these challenges and improve the chances of a successful O-1 visa approval.

​Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, our NYC based  lawyers are devoted to guiding you through US immigration law. Contact us today to schedule a consultation.​​