With every artist / O visa application, every petitioner has the burden of providing a consultation letter from a peer group, labor union and/or management organization, having expertise in the alien's field of endeavor. Here are 5 things you need to know when obtaining these consultation letters:
1. Consultation letters are advisory in nature only
The Adjudicator's Field Manual states that "consultations are advisory in nature only and are not binding on USCIS. A negative consultation does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence. Accordingly, if the petitioner can submit evidence that overcomes a negative advisory opinion and which establishes the merits of the alien, USCIS may approve the petition." However, it is good to note that USCIS does take the content of the consultations seriously. Negative consultations have been a basis for denials in the past. If you get a negative consultation, please contact an immigration attorney immediately to help you proceed.
The Adjudicator's Field Manual states that "consultations are advisory in nature only and are not binding on USCIS. A negative consultation does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence. Accordingly, if the petitioner can submit evidence that overcomes a negative advisory opinion and which establishes the merits of the alien, USCIS may approve the petition." However, it is good to note that USCIS does take the content of the consultations seriously. Negative consultations have been a basis for denials in the past. If you get a negative consultation, please contact an immigration attorney immediately to help you proceed.
2. Not everyone needs them
Sometimes your field of endeavor just does not have a relevant peer group or union. Maybe your art form is too cutting-edge for there to be an appropriate management group. In those cases what do you do? USCIS states that "If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record."
Sometimes your field of endeavor just does not have a relevant peer group or union. Maybe your art form is too cutting-edge for there to be an appropriate management group. In those cases what do you do? USCIS states that "If the petitioner can demonstrate that an appropriate peer group, including a labor organization, does not exist the decision will be based on the evidence of record."
3. There are good labor organizations and there are bad labor organizations
All labor unions and peer groups are not the same. In fact, they tend to differ greatly when it comes to providing consultation letters. For example Actor's Equity and the Director's Guild of America are notorious for giving out bad consultation letters. For a complete list of appropriate peer groups and labor organizations please go here.
All labor unions and peer groups are not the same. In fact, they tend to differ greatly when it comes to providing consultation letters. For example Actor's Equity and the Director's Guild of America are notorious for giving out bad consultation letters. For a complete list of appropriate peer groups and labor organizations please go here.
4. Every peer group or labor organization has its own requirements and fees
Every single peer group and labor union will have varying requirements as to what to submit when applying for a consultation letter. Some will want the minimum, in order to avoid wading through piles of paperwork, and some will want everything you submit to USCIS. Every organization will also have greatly differing fees. It is advisable to consult with each organization directly in order to figure out what exactly they want.
Every single peer group and labor union will have varying requirements as to what to submit when applying for a consultation letter. Some will want the minimum, in order to avoid wading through piles of paperwork, and some will want everything you submit to USCIS. Every organization will also have greatly differing fees. It is advisable to consult with each organization directly in order to figure out what exactly they want.
5. They are valid for two years
A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.
For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.
A consultation may be waived for an alien with extraordinary ability in the field of arts if the alien seeks readmission to perform similar services within 2 years of the date of a previous consultation. Petitioners should submit a waiver request and a copy of the previous consultation with the petition.
For more information about the O1 / Artist visa check out our O1 / Artist Visa Application Guide and O1 / Artist Visa Immigration FAQ.
Immigration law can be convoluted and complex. At the Law Offices of Marcus Yi, we are NYC based O1 / Artist Visa lawyers devoted to guiding you through US immigration law. Contact us today to schedule a consultation.
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