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Guidance arrives for O-1A petitions

On Behalf of | Jan 31, 2022 | USCIS News |

A STEM professional works in fields related to science, technology, engineering, or math. These professionals are vital to Illinois and the entire United States’ economy, but their work could improve people’s quality of life. Immigration law provides ways for STEM professionals to enter and work inside the country with an appropriate visa and, possibly, a green card. Immigration law regarding such professionals may change based on legislation or revised regulations.

Guidance arrives for the O-1A petitions

O-1A nonimmigrants are professionals with “extraordinary abilities” who various businesses and organizations would like to hire. The idea of extraordinary ability could be subject to interpretation, as someone at U.S. Citizenship and Immigration Services must review a petition and only approve the documents if the petition meets the criteria for approval. New guidance issued by USCIS helps clarify approval criteria.

The new guidance clarifies how USCIS adjudicators may review submitted evidence to make necessary determinations. Perhaps submitting supporting evidence of “comparable significance” could reach the threshold needed for approval.

Exploring options with the O1-A petition

Staying current with immigration law and various changes and revisions could help someone seeking a visa or intending to file a petition. The average person may have no reason to read about statutory revisions, so it may be helpful to work with someone who does.

A professional who draws acclaim might meet the criteria. Putting forth proof of such acclaim may help the petition.

Petitions that lack the required evidence may not receive approvals. A request for additional evidence could arrive, and the petitioner must respond appropriately or face denial. Putting together a proper submission may help the petitioner and nonimmigrant alike.

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