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What is a consultation letter for O visas?
April Perez • Sep 22, 2022
When applying for an O-1 visa USCIS requires that a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability be provided as part of the application.
USCIS provides a list of organizations that can provide a letter based on the person’s job title. That can be found here: https://www.uscis.gov/working-in-the-united-states/temporary-workers/address-index-for-i-129-o-and-p-consultation-letters
In some cases, it may not be clear which of the organizations on the list can issue the letter for a specific job title. In those cases, various organizations may need to be contacted to inquire if they can issue a letter for a specific job.
If the O-1 is for an individual with extraordinary achievement in motion picture or television, the person will have to obtain a consultation letter from the labor union that covers their job title or field and a second letter from a management organization with expertise in the beneficiary’s area of ability. The management organization is usually Alliance of Motion Picture & Television Producers (AMPTP).
Each organization has their own requirements for materials that need to be submitted for review to see if they can issue a supporting letter, their own fee, requirements as to how the fee must be submitted, and their own timeline for review and issuing the letter.
In some cases, if no labor organization on the list covers the applicant’s area of expertise, such as in the case of soccer coaches, the applicant may still obtain a letter from an organization or individual not on the list that can review the applicant’s materials and issue a letter discussing the applicant’s level of achievement and expertise.
If a labor organization or peer organization does not exist for the applicant’s field then the petition will need to include evidence and information that demonstrates that a peer group or labor organization does not exist, and USCIS will need to issue their decision based on the evidence provided.
This is only one part of the O visa application process, but it is an important requirement in the decision of USCIS regarding an application.
If you believe you may qualify for an O nonimmigrant visa, you should contact our office.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
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