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THE PETITIONER JOURNAL

Policy changes.
The drafting implications.

Recent USCIS developments, the distinction between proposals and current rules, and what each means for the attorney preparing an O-1 petition.

FIELD NOTES / O-1A03 ANALYSES · REVIEWED SEPTEMBER 21, 2026

LATEST PROPOSAL · PROPOSED RULE / SEPTEMBER 2026

The proposed 60-day grace-period repeal: preparing an O-1 employer change.

DHS's September 2026 proposal is not yet a final rule. A practical analysis of status records, employment dates, and O-1 change-of-employer drafting.

Read the analysis 8 min read

POLICY IN PRACTICE / FOUNDER CASES

O-1A founder cases: prove the person's work, not just the startup's promise.

What USCIS's January 2025 guidance clarified for founder-owned petitioners, and how attorneys can test funding, adoption, and role evidence in a 2026 filing.

USCIS POLICY / AUGUST 2026

After the August 2026 RFE update, review the filing before you polish the letter.

USCIS restored broader discretion to deny incomplete requests without an RFE. An O-1 review method for missing evidence, unsupported claims, and contradictory records.

KEEP BESIDE YOUR DRAFT

A checklist for the filing record.

Work through the documents to review before assembling an O-1A petition.

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YOUR NEXT PETITION

Put the record to work.

Organize the evidence, prepare a draft, and work through the details in Petitioner.

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