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USCIS Now Accepting Negative O Visa Consultations Directly from Labor Unions

The O-1 and O-2 nonimmigrant visas are meant for individuals with extraordinary ability or achievement in science, education, business, athletics, or the arts; and their essential support personnel. One of the requirements that the sponsor company (“petitioner”) must submit for this visa is a consultation letter or advisory opinion from a US peer group, labor or management organization, and the letter can either endorse, object, or not oppose to the visa for the petitioner.

While meeting with USCIS Director L. Francis Cissna, some labor unions expressed concern that petitioners may be falsifying or manipulating information, and making these letters appear to be favorable or non-objectionable consultations when they are, in fact, negative. Due to this concern, USCIS has decided, effective immediately, to allow these labor unions to submit their own copy of the negative consultation directly to USCIS, so that it may be compared to the letter submitted by the petitioner.

Petitioners for O visas must still submit all the required information and paperwork, including the consultation letter, but if the letter is negative, labor unions will now be able to email their own copy of it to USCIS for comparison purposes (they must include the last five digits of the petitioner’s passport in the letter to ensure a proper match).

In six months, USCIS will analyze this new process and provide possible improvements, if necessary.

If you are interested in an O visa, feel free to contact us.

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