What is the consultation requirement for the O-1 visa? What is a peer group? What should the Advisory opinion contain? Do I have to pay for the Advisory Opinion?

Image courtesy of WikiCommons, labeled for reuse, https://upload.wikimedia.org/wikipedia/commons/9/91/Southern_Arkansas_University_Biology_student_with_microscope.jpg

O-1 visa is a great visa for individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

One of the O-1 visa requirements is a consultation with a U.S. peer group, labor organization or management organization regarding the nature of the work you will be doing in the U.S. and your qualifications.

What is a peer group?

Peer group is a group or organization comprised of practitioners in your field. This could include a person or persons with expertise in your field.

Please note that if you submit an Advisory Opinion from a peer group, but the peer group is not a labor organization, USCIS will forward your O petition and all supporting documents to the appropriate labor organization. The labor organization should then submit a written Advisory Opinion, comment, or a letter of no objection to USCIS. Therefore, it is always better if you submit an Advisory Opinion from a labor organization to avoid processing delays.

What form should the consultation be in?

You should submit a written Advisory Opinion from peer group labor organization, or management organization or a person or persons with expertise in your area of extraordinary ability.

What should the Advisory opinion contain?

The Advisory opinion should describe your extraordinary ability and achievements in your field, describe the nature of the duties you will be performing in the U.S. and explain whether the position requires someone of an extraordinary ability.

The Advisory Opinion must be signed by an authorized official of the peer group or labor organization.

Do I always have to submit the Advisory Opinion? Are there any exceptions?

The only time you do not need to submit an Advisory Opinion is where there is no appropriate peer group/labor organization.

In addition, if you are applying for an O-1 visa in the field of arts, and you seeking readmission to the U.S. to perform similar services within 2 years of previous consultation.

Is the Consultation binding on USCIS?

No. The Advisory Opinions are purely advisory.

Where can I find a list of organizations I can contact?

You can find a list of labor organizations, management organizations, and peer groups on the USCIS website when you click here.

Do I have to pay for the Advisory Opinion? How much does it cost?

Normally, yes. The website above contains useful information on who to contact in the organization. You can check the organization’s website or contact the organization and they will let you know what the fee is.

If you want to read more about the O-1 visa, you should click here.

Please click here if you want to find out who can petition you for the O-1 visa.

You can set up a consultation by clicking the link below.


To find out more about our services and fees contact Scott Legal, P.C

This website and blog constitutes attorney advertising.  Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed.  Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results.  Each case is different and must be judged on its own merits.

Leave a Reply