Key updates:

1. You can own a company that sponsors your visa

USCIS has officially confirmed that a legal entity owned by the applicant, such as a corporation or limited liability company (LLC), may file a petition on their behalf. While we have long recommended this approach based on earlier policies, this update provides formal confirmation. This means that as a foreign national, you can establish or purchase a company in the U.S., which can then act as the sponsor for your O-1 visa.
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2. Refinements to O1-A and O1-B criteria

The O1-A and O1-B sections are no longer standalone items in the appendices but have been moved to Chapter 4 – "O-1 Beneficiaries." This restructuring may cause confusion when searching for information, so we hope this clarification saves you time.
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3. Awards criterion

The updated manual specifies that this criterion does not require the award or prize to be received at an advanced stage of the applicant’s career. For instance, it may include awards for innovative projects won during university studies or prizes from international competitions. This is excellent news for student startup founders and other emerging professionals.
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4. Original contributions criterion

Additional examples have been included, such as:

• Patents or licenses derived from the applicant’s work.
• Evidence of commercial use of the applicant’s innovations, such as the commercialization of research findings.
• Contributions to repositories of software, data, designs, protocols, or other technical resources, with proof of significant scientific, academic, or business impact in the field.
• Letters or documentation from an interested U.S. government agency or partially government-funded organization detailing the significance of the applicant’s original work, particularly in relation to the agency's mission and funding priorities.

5. Employment in a Critical or Essential Capacity

The guidance now includes that letters or documents from interested U.S. government agencies or partially government-funded organizations can serve as relevant evidence. These documents must demonstrate that the agency or organization funds the applicant or a project where the applicant plays a key or essential role, and clearly explain that role in the context of their work.
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6. Extensions for 1 or 3 years

The new guidance provides more authority for requesting a 3-year extension (compared to the standard 1-year extension), even with the same employer. For instance, when a petitioner requests an extension based on a new event or activity (whether or not the employer has changed), USCIS may approve an extension for the period required to complete the new activity, up to 3 years. This includes cases where the beneficiary’s continued work involves different tasks, such as transitioning to a new phase or trial in the same research project.
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7. Career transitions or new roles

The manual includes clarifications to simplify applications for individuals transitioning to a new profession or role. Examples include an acclaimed athlete becoming a coach, a leading STEM professor or researcher moving to a private company, an engineer founding a tech startup, or a renowned dancer starting a career as a dance teacher or choreographer.
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8. Is there a limit to O-1 extensions?

No, there is no limit. While this rule has existed for some time, USCIS now explicitly states: "There is no limit to the number of extensions of stay USCIS may approve for the same beneficiary. Furthermore, USCIS should not deny such requests based on the approval of a permanent labor certification or the filing of a preference petition for the O-1 beneficiary."