O-1 Consultations (advisory opinions)

A consultation is a written advisory opinion from a peer group or an expert in the relevant field.

Motion Picture / Television

The consultation must come from an appropriate labor union AND a management organization with expertise in the relevant field.  It should include beneficiary's skills and/or experiences in their field, whether a longstanding relationship exists, and if relevant, whether O-2's presence is necessary.

All other O-1 petitions

The consultation must come from an appropriate union describing beneficiary's ability, achievements, and duties to be performed. O-2 petitions must have a written advisory opinion from appropriate unions describing their necessity to the O-1 applicant.  

Consultation may be waived if

  • No appropriate union exists (under 8 CFR ยง214.2)
    • In its place, evidence that there is no appropriate union must be submitted.  
    • However, advisory opinion letters from peers may and should be submitted since it is still favorable evidence.
  • Applicant is an O-1 in arts returning to the U.S. to perform similar services within 2 years of obtaining their previous consultation.

Notes

  • Positive advisory opinions should specifically acknowledge the beneficiary's abilities and experience in addition to stating no objection to the employment.
  • Negative advisory opinions must contain specific statement of facts that reach the conclusion of "why negative".