subject: A Memo Clarifying Guidance on O Petition Validity Period has been published by USCIS [print this page] Recently, a memo clarifying guidance on the validity period of the O petition has been issued by U.S. Citizenship and Immigration Services (USCIS.) The particular period of time that an applicant requires to complete or be a part of a specific event determines the validity period of the O-1 visa classification.
In order to confirm whether the itinerary pertains to a single continuous event or separate events, the "gap" is used as a standard while assessing an O-1 petition. The "gap" can be defined as the specific period of time between the scheduled events. USCIS verifies the scheduled events to check if the separate events need separate petitions.
There existed a "gap" between the events in certain cases. Such existing gaps made adjudicators conclude that applicants have filed a single petition for separate events. In such cases, the specific period of time that is needed to achieve the initial specific event determines the validity period of the O-1 petition, whereas the continuous event that the petition reveals will not have any effect on the validity period. A gap of certain number of days does not represent a new event. The regulations define the term "event" as tours and multiple appearances.
The length of validity period for O-1 petition differs based on the requirements of the applicant due to the flexibility provided by the statutory and regulatory background. The validity period of an O-petition will not go over 3 years. Adjudicators are obliged to verify the completeness of the evidence. The submitted evidence has to be checked if it can be termed as an "event." Once the requested validity period has been confirmed via the evidence submission, Service Centers have to accredit the petition for the period of time that has been requested.
A Memo Clarifying Guidance on O Petition Validity Period has been published by USCIS
