USCIS announced on September 14, 2018 that, effective immediately, USCIS has created a venue to accept copies of negative consultation letters directly from labor unions regarding current or future O nonimmingrant visa petition requests. O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability 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. For more information about O-1 requirements, please click here.

A consultation letter from a U.S. peer group, labor organization, and/or management organization is generally required for petitions in the O visa classification. One of the most important components of a successful O-1 petition is the submission of reference letters from experts in the beneficiary’s field of extraordinary ability. In fact, they form the backbone of many O-1 petitions, as the expert writers of these letters can address how the beneficiary meets any of the other O-1 criteria. For more information on who should and how to write a reference letter, please click here.

This new venue was created when after some labor unions brought up concerns that some advisory opinions may be falsified by applicants and submitted to USCIS as favorable consultations when in fact these were negative. Starting from now, labor unions that provide negative consultation letters will be able to send a copy of it directly to USCIS so that officers can compare the letters.  The process of submitting the necessary O visa documents and requirements remain unchanged.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

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Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.


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