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USCIS Issues Clarifying Guidance on Eligibility for the O-1B Visa Classification

Client Alert!

U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1B nonimmigrants of extraordinary ability in the arts and nonimmigrants of extraordinary achievement in the motion picture or television industry.

Policy updates include adding a chart in the appendix that describes examples of evidence that may satisfy the O-1B evidentiary criteria, as well as considerations relevant to evaluating such evidence. The chart also assists petitioners in submitting appropriate evidence that may establish the beneficiary’s eligibility.

The guidance also improves readability to help adjudicators with predictable and transparent application of the O-1B evidentiary requirements in support of consistent decisions and improvements in efficiency.

This guidance, contained in Volume 2 of the Policy Manual, is effective immediately. The guidance contained in the Policy Manual is controlling and supersedes any related prior guidance on the topic. 

Click the link for more information.

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Dana Davidson - Full Bio

Dana T. Davidson holds degrees from the Benjamin N. Cardozo School of Law and State University of New York at Stony Brook and has been practicing immigration law since 2003 in New York and nationwide. She represents corporations, individuals, and families in a broad range of immigration matters. Attorney Davidson has offices in New York City and Glen Cove.
 

Education

  • Benjamin N. Cardozo School of Law, Yeshiva University, New York, New York
  • Juris Doctor – 1988
  • Honors: Moot Court Board, Member, Judge
  • State University of New York at Stony Brook, Stony Brook, New York
  • Bachelor of Arts – 1982
  • Major: Political Science
  • Concentration: Business


Pro-Bono Activities

  • Safe Passage Project, Volunteer Attorney, 2013-Present
  • Educating the Educators, Founder, 2012-Present
  • Momentum Project, Board Member, 1991-1994 Bar Admission
  • New York, Eastern District
  • New York, Southern District
  • Washington, D.C.

Speaking Engagements
 
  • AILA RDC-EMEA Spring Conference 2018, Berlin, Germany, Speaker on “Public Charge” panel
  • AILA RDC-EMEA Fall Conference 2018, Johannesburg, South Africa, Speaker: “Practice Management in the New Age” panel
  • AILA RDC-EMEA Spring Conference 2018, Madrid, Spain, Speaker: “El Traje de Luces: Self-Sponsored Petitions – EB-1A and NIW”  AILA RDC-EMEA Spring Conference 2017, Brussels, Belgium, Speaker: “Continuing Blanket L Challenges”
  • Safe Passage Project, March 2017, Speaker: “Representing Unaccompanied Minors: Special Immigrant Juvenile Status and the Effects of President Trump’s Executive Orders on Immigration”
  • AILA RDC-EMEA Fall Conference 2016, Speaker: “It’s Not About Money: I-864”
  • AILA RDC-EMEA Spring Conference 2016, Vienna, Austria, Speaker: “K-Visa: Differences Between K-1 and I-130 Processing”
  • New York Institute of Technology’s Center for Entrepreneurship, January 2016, Entrepreneur/Executive-in-Residence
  • AILA Fall Conference 2015, London, UK, Speaker: Impact of joint sponsors on family-based cases
  • Goldman-Sachs 10,000 Small Business Education Program, October 2014, “What is required to grow a business?”
  • Dowling College, May 2013, Keynote Speaker at the first annual Latino Summit at Dowling College
  • International Taxation Conference, 2010