A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

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Friday, September 14, 2018

O Visa Negative Consultations May be Sent Directly to USCIS

USCIS announced, effective immediately, that the agency will begin accepting copies of negative O visa consultation letters directly from labor unions.

The O-1 and O-2 visas are designed for foreigners with extraordinary ability to work in the U.S. temporarily.  Extraordinary ability can be established in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel.  Generally, the application must provide a "consultation letter" or  an advisory opinion from a U.S. peer group, labor organization, and/or management organization to establish eligibility.  

The change in policy is out of concern that some petitioners might have falsified some of these advisory opinions.  It should be noted that only negative consultations should be submitted to USCIS (UnionConsultationMailbox@uscis.dhs.gov) for comparison and verification purposes.  


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