USCIS's most significant recent O-1 guidance is Policy Alert PA-2025-02, "Evidentiary Requirements for O-1 Nonimmigrants," dated January 8, 2025. It revised the O-1 chapters of the USCIS Policy Manual "to clarify how USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, including adding examples of evidence for individuals in critical and emerging technologies" (USCIS, PA-2025-02). The guidance was "effective immediately" and "controlling" over related prior guidance (same).
As of October 23, 2026, that guidance remains in the Policy Manual. This post explains the five changes, and why the revocation of the executive order behind it did not undo them.
- USCIS issued Policy Alert PA-2025-02, Evidentiary Requirements for O-1 Nonimmigrants, on January 8, 2025, effective immediately for pending and new filings.
- The update says a separate legal entity owned by the beneficiary, such as a corporation or LLC, may file the O-1 petition.
- It added examples of evidence for O-1A criteria, including letters from interested government agencies and contributions to software or data repositories.
- It explained that the area of extraordinary ability includes occupations with shared skillsets, such as an engineer starting a technology company.
- It clarified that continuing the same work supports extensions of up to 1 year, while a new event or activity supports up to 3 years.
- The executive order on AI that prompted the update was revoked by Executive Order 14148 on January 20, 2025, but the Policy Manual guidance remains.
- Later changes to the O-1 chapters were a February 2025 terminology update and an August 2025 policy alert on athletes in women's sports.
What were the main changes in PA-2025-02?
The policy alert lists its highlights (USCIS, PA-2025-02):
| Change | Where it sits now |
|---|---|
| A beneficiary-owned company may file the petition | Policy Manual Vol. 2, Part M, Ch. 3 |
| Clarified evidence for O-1A and O-1B criteria, with examples | Ch. 4, Sections C to E |
| Evidence from interested US government agencies | Ch. 4, Section C |
| Example of an occupational change within a technical field | Ch. 4, Section F |
| When extensions are limited to 1 year | Ch. 9, Section B |
Can a company you own file your O-1?
Yes. The Policy Manual now says: "O beneficiaries may not petition for themselves. However, a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file the petition on their behalf" (USCIS Policy Manual, Vol. 2, Part M, Ch. 3). For founders, that removed the need for an outside sponsor when the founder's own US company will employ them.
The company becomes the petitioner with the usual obligations, including joint liability for return transportation if employment ends for reasons other than voluntary resignation (same). Founders whose work runs through several clients may still prefer an agent; our guide to the O-1 evidence criteria covers what either route must prove.
What new evidence examples did the update add?
The update rewrote the supporting documentation guidance for each O-1A criterion. For original contributions of major significance, the Policy Manual now lists examples including "patents or licenses deriving from the beneficiary's work," "evidence of commercial use of the beneficiary's work," "contributions to repositories of software, data, designs, protocols, or other technical resources with evidence of significant scientific, scholarly, or business-related impact," and "a letter or other documentation from an interested government agency, including a quasi-governmental entity" explaining the significance of the work (USCIS Policy Manual, Vol. 2, Part M, Ch. 4).
It also sets limits. Evidence that work "was funded, patented, or published" may show originality but "will not necessarily establish, on its own, that the work is of major significance to the field" (same). For startups, officers may treat significant funding "from government entities, venture capital funds, angel investors, or other such funders" as a positive factor for distinguished reputation and for the credibility of salary evidence (same).
The totality review gained examples too, such as publications in highly ranked journals, a high citation rate or h-index for the field, employment with leading institutions, unsolicited invitations to speak at major conferences, and being named on a competitively funded US government STEM grant (USCIS Policy Manual, Vol. 2, Part M, Ch. 4). Our guide to an O-1 without a big award shows how these pieces combine.
Does changing occupations keep you in your field?
Often, under the updated guidance. The Policy Manual says USCIS interprets the "area of extraordinary ability" broadly "to include not only the specific occupation(s) in which the beneficiary has garnered acclaim, but also other occupations that involve shared skillsets, knowledge, or expertise" (USCIS Policy Manual, Vol. 2, Part M, Ch. 4, Section F). Its examples include "a renowned STEM professor or academic researcher coming to work for a private company" and "an engineer coming to start a technology company" (same).
Officers weigh whether the past and new occupations are in the same industry or share duties, whether the new role supervises the old one, and whether such transitions are common (same). Our guide to choosing an O-1 peer group in a new field covers related questions.
When is an O-1 extension limited to one year?
When you are continuing the same work. The Policy Manual says "continuing employment or research in the same capacity and involving the same activities, for example, may form the basis of an extension for up to 1 year," while a new event or activity, "whether or not the employer has changed," may support an extension of up to 3 years (USCIS Policy Manual, Vol. 2, Part M, Ch. 9). A new phase or trial in the same research can count as a new activity, and "there is no limit to the number of extensions of stay USCIS may approve for the same beneficiary" (same). Our guide to O-1 extensions and changes explains how to frame a new activity.
Is the guidance still in force after the AI order was revoked?
Yes. PA-2025-02 cited the October 30, 2023 executive order on artificial intelligence, which had directed DHS to modernize pathways for experts in AI and other critical and emerging technologies, including O-1A (USCIS, PA-2025-02). Executive Order 14148 of January 20, 2025 revoked that order, Executive Order 14110 (EO 14148, 90 FR 8237).
The revocation did not rewrite the Policy Manual. As of October 23, 2026, the founder-owned petitioner sentence and the evidence guidance are still in the O-1 chapters, and the update logs show only two later changes: a February 26, 2025 terminology update and an August 4, 2025 policy alert on athletes in women's sports under Executive Order 14201 (USCIS Policy Manual, Vol. 2, Part M, Ch. 3; Ch. 4).
What this means for you
The 2025 guidance makes it easier to present modern evidence, especially for founders and technologists.
- If you are a founder, consider whether your own US entity can be the petitioner.
- Document impact, not just output: commercialization, repository usage, government interest and citations relative to your field.
- If you are moving from research to industry or into a founder role, show the shared skills and expertise.
- For extensions, describe a new event or activity where one genuinely exists.
Where to start
Our free evaluation at /evaluate/ maps your record against the eight O-1A criteria, and Frank, our AI assistant at /frank, finds real opportunities for the criteria you are missing. Petitions are reviewed and filed by our partner law firm, Lai & Turner.
Sources
All checked October 23, 2026.
- USCIS, Policy Alert PA-2025-02, Evidentiary Requirements for O-1 Nonimmigrants (Jan. 8, 2025). Purpose, effective date, highlights, summary of changes, link to the AI executive order.
- USCIS Policy Manual, Volume 2, Part M, Chapter 3 (current as of October 2, 2026). Beneficiary-owned petitioner; obligations; update log.
- USCIS Policy Manual, Volume 2, Part M, Chapter 4. Evidence examples; startup funding; totality examples; area of extraordinary ability; update log including the August 4, 2025 alert.
- USCIS Policy Manual, Volume 2, Part M, Chapter 9. Extension periods of 1 or 3 years; no limit on extensions.
- Executive Order 14148, Initial Rescissions of Harmful Executive Orders and Actions, 90 FR 8237 (Jan. 28, 2025). Revocation of Executive Order 14110.
Frequently asked questions
What did the January 2025 O-1 update change?
Policy Alert PA-2025-02 revised the O-1 chapters of the USCIS Policy Manual. It said a company owned by the beneficiary can file the petition, rewrote the supporting documentation guidance for O-1A and O-1B criteria with more examples, added evidence that can come from interested government agencies, gave an example of an occupational change within a technical field, and clarified when extensions are limited to one year.
Is the 2025 O-1 guidance still valid after the AI executive order was revoked?
Yes, as of October 23, 2026. The policy alert cited the October 2023 executive order on artificial intelligence, which Executive Order 14148 revoked on January 20, 2025. But the guidance lives in the USCIS Policy Manual, and the O-1 chapters still contain it. The only later changes to those chapters were a terminology update and an August 2025 policy alert about athletes in women's sports.
Can my own startup sponsor my O-1 after the 2025 update?
Yes, if it is a separate legal entity. The Policy Manual says O beneficiaries may not petition for themselves, but a separate legal entity owned by the beneficiary, such as a corporation or limited liability company, may file on their behalf. The company signs Form I-129 and takes on the petitioner's obligations, and you still have to meet the O-1A evidence standard.
Does switching from research to industry count as the same field for an O-1?
It can. The Policy Manual says USCIS reads the area of extraordinary ability broadly to include occupations involving shared skillsets, knowledge or expertise, and gives examples such as a renowned STEM professor joining a private company or an engineer starting a technology company. Officers look at whether the jobs are related, whether the new role oversees the old one and whether such transitions are common.
How long can an O-1 extension be after the 2025 update?
It depends on the activity. The Policy Manual says continuing employment or research in the same capacity and involving the same activities may support an extension of up to one year, while a new event or activity, whether or not the employer changes, may support up to three years. There is no limit on the number of extensions USCIS may approve.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
