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O-1 labor consultation advisory guide

Updated: Author: Alina Kanametova

Guide Guides 6 pages Anonymized Access on request

Instruction from a DIY O-1 kit on the advisory opinion: what the peer-group consultation is and how to request it for your petition. 6 pages.

O-1 EB-1A EB-2 NIW

About this document

A guidance text on O-1 labor consultation and advisory opinions for O-1A and O-1B filings. It explains when a consultation is required, when USCIS may seek one itself, and when waivers or exceptions apply, including reentry within two years and cases with no appropriate peer group. It also covers union response timing, motion picture and television cases, and what consultation letters should address.

Key points

  • USCIS says the union generally has 15 days to respond, and USCIS then has two weeks to decide.
  • For O-1A research and teaching cases, the text calls for letters and affidavits from prominent colleagues.
  • The text says at least 3 peer-group letters may be needed, with stronger weight for referees outside the applicant's community or the U.S.
  • For O-1B, the consultation should come from a peer group, labor organization, management organization, or person with expertise.
  • For motion picture or television cases, the consultation must come from both a union and a management organization.
  • A new consultation is not required for certain reentries within 2 years, and not for extensions of any O visa.
  • If no appropriate consulting entity exists, USCIS may decide the case on the record without a consultation.

What is inside

  1. 1. Labor consultation requirement
  2. 4. O-1B consultation procedures
  3. 5. Additional considerations
  4. 6. Labor consultation waiver
  5. 7. Exceptions to the requirement

When it helps

This serves as background for the advisory-opinion requirement in an O-1 petition, especially what must accompany the filing and how the consultation is framed. It also shows when a waiver or exception is argued in the petition materials.

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Source: Community (anonymized). The material opens on the site. Reference material, not legal advice.

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