05/29/2026
Received an RFE questioning whether an O-2 beneficiary truly has “critical skills”?
You are not alone.
USCIS is increasingly challenging O-2 petitions by arguing that the role could be filled by a qualified U.S. worker, especially when petitions rely on generic job descriptions instead of detailed, production-specific evidence.
A strong O-2 petition is not about proving someone is generally skilled. It is about proving that this specific person is essential to this specific production or artist.
If your office is dealing with an RFE involving O-1 or O-2 petitions, this guide can help you build a stronger response strategy.
Read more: https://psbplaw.com/blog/how-to-prove-critical-role-in-an-o-1-or-o-2-petition-and-what-to-do-when-uscis-pushes-back/
Learn how to prove “critical role” and special skills in O-1 and O-2 visa petitions. Discover strategies for responding to USCIS RFEs.