The U.S. Citizenship and Immigration Services (USCIS) has refined and clarified its standards in 2025 for what constitutes “extraordinary ability”—a requirement central to both the temporary O 1 visa (O-1A and O-1B) and the EB-1A green card. These updates, drawn directly from the USCIS Policy Manual (which can be found here: https://www.uscis.gov/policy-manual), are designed to help ensure that adjudications reflect the evolving realities of professional achievement across disciplines.
Whether you are an artist, scientist, entrepreneur, or industry leader, understanding what counts as “extraordinary ability” under current policy is essential for preparing a successful petition.
What Is “Extraordinary Ability”?
• O-1A Visa is for individuals who have risen to the very top of their field in science, education, business, or athletics. They must show national or international acclaim supported by sustained achievements.
• O-1B Visa applies to individuals with a demonstrated record of extraordinary achievement in the arts or the motion picture/television industry. The criteria are interpreted more flexibly, recognizing artistic distinction through acclaim, reputation, or impact.
• EB-1A Green Card is a permanent residency option for individuals who have achieved sustained national or international acclaim and can demonstrate that their work will continue to benefit the United States. This is one of the few categories that allows for self petitioning and does not require a job offer.
Per 8 CFR §204.5(h) and the USCIS Policy Manual, petitioners must satisfy at least three of ten regulatory criteria, or provide evidence of a one-time major achievement (e.g., a Pulitzer Prize, Oscar, or Olympic medal). USCIS conducts a final merits determination to assess whether the evidence shows that the beneficiary is among the small percentage who have risen to the top of their field.
Key 2025 Updates from the USCIS Policy Manual
1. Tailored Examples for Modern Industries
The updated USCIS Policy Manual now provides detailed examples tailored to specific professions. For instance, in the fields of generative AI, streaming entertainment, and interactive digital media, extraordinary ability may be demonstrated through:
• Verified viewership/download metrics
• High-profile collaborations
• Streaming or box office success
• Technological innovations adopted across industries
In arts-related fields, viral success on platforms like YouTube, Spotify, or TikTok – when combined with credible press, awards, or monetization – can serve as supporting evidence.
2. Clarified Evidentiary Standards
USCIS is placing stronger emphasis on demonstrating that each piece of evidence meets the plain language of the regulatory criteria. Some key clarifications include:
• Awards: Must be nationally or internationally recognized; local or school-level awards are generally insufficient.
• Press: Must include substantive discussion of the individual’s work and reputation, not just a project mention.
• Memberships: Must be based on selective criteria related to accomplishments.
• Judging: Must involve evaluation of others’ work in the field, not participation in audience voting or casual review.
USCIS also reminds petitioners to include translations, evidence of significance, and context for achievements that may not be familiar to adjudicators.
3. Intent to Continue Work in the Field (EB-1A Requirement)
USCIS now places increased importance on verifying that EB-1A applicants intend to continue working in their field after obtaining their green card. Evidence can include:
• Letters from prospective employers
• Consulting agreements
• Statements of intent
• Business plans (for self-employed individuals)
Career pivots into adjacent or evolved roles are acceptable if the petitioner demonstrates a logical continuation of their acclaim and expertise.
4. Use of Beneficiary-Owned Petitioners for O-1
USCIS reaffirms that a U.S. agent or petitioner can include a company owned by the beneficiary, provided the petition establishes a bona fide employer-employee relationship. Factors include:
• Presence of board oversight
• Signed contracts outlining services and terms
• Separation of business and personal roles
This flexibility is especially important for freelancers, consultants, and creative entrepreneurs who structure their own work.
What Applicants Should Do Now
To align with the 2025 standards, O-1 and EB-1A applicants should:
• Be familiar with the updated USCIS Policy Manual guidance and match their evidence to the precise language of the regulations.
• Avoid submitting excessive documentation; focus on relevance, quality, and context.
• Gather press, letters, and awards that clearly highlight individual acclaim not simply project-level success.
• Ensure that future work plans are credible, documented, and logically connected to the applicant’s existing record.
