O que é uma carta de consulta para vistos O?
April Perez • March 30, 2023
Click here to read this article in English
Ao solicitar um visto O-1, a imigração (USCIS) exige que uma opinião consultiva por escrito de um grupo homólogo (incluindo organizações trabalhistas) ou de uma pessoa especialista na área de habilidade do beneficiário seja fornecida como parte da solicitação.
A USCIS fornece uma lista de organizações que podem fornecer uma carta com base no cargo da pessoa. Ela pode ser encontrada aqui: https://www.uscis.gov/working-in-the-united-states/temporary-workers/address-index-for-i-129-o-and-p-consultation-letters
Em alguns casos, pode não estar claro qual das organizações da lista pode emitir a carta para um cargo específico. Nesses casos, várias organizações podem precisar ser contatadas para saber se podem emitir uma carta para um trabalho específico.
Se o O-1 for para um indivíduo com realizações extraordinárias no cinema ou na televisão, a pessoa terá que obter uma carta de consulta do sindicato trabalhista que abranja seu cargo ou área e uma segunda carta de uma organização de gerenciamento com especialidade na área de habilidade do beneficiário. A organização de gerenciamento geralmente é a Alliance of Motion Picture & Television Producers (AMPTP).
Cada organização tem seus próprios requisitos para materiais que precisam ser enviados para revisão para ver se eles podem emitir uma carta de apoio, sua própria taxa, requisitos sobre como a taxa deve ser enviada e seu próprio cronograma para revisão e emissão da carta.
Em alguns casos, se nenhuma organização trabalhista na lista cobrir a área de especialização do candidato, como no caso de treinadores de futebol, o candidato ainda pode obter uma carta de uma organização ou indivíduo que não esteja na lista que pode revisar os materiais do candidato e emitir uma carta argumentando o nível de realização e especialização do candidato.
Se uma organização trabalhista ou organização homóloga não existir para o campo do requerente, a petição precisará incluir evidências e informações que demonstrem que um grupo de trabalho ou organização de trabalho não existe, e a USCIS precisará emitir sua decisão com base nas evidências fornecidas.
Esta é apenas uma parte do processo de solicitação de visto O, mas é um requisito importante na decisão da USCIS em relação a uma solicitação.
Se você acredita que pode se qualificar para um visto de não-imigrante O, entre em contato com nosso escritório.
Este blog não se destina a ser um aconselhamento jurídico e nada aqui deve ser interpretado como estabelecimento de uma relação cliente-advogado. Por favor, agende uma consulta com um advogado de imigração, antes de agir baseado em qualquer informação lida neste blog.
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