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USCIS Now Accepts Negative O Visa Consultations Directly From Labor Unions November 9, 2018

Financial District, Manhattan
USCIS Now Accepts Negative O Visa Consultations Directly From Labor Unions, Manhattan, New York

O-1 and O-2 visas give work authorization to nonimmigrants of extraordinary ability and achievement, as well as a limited number of support personnel. Along with the petition and supporting evidence, successful applicants must submit a consultation letter from a US labor union, peer group, or management organization. To prevent fraudulent applications, immigration law officials will immediately begin accepting letters with a negative recommendation directly from the labor unions themselves.

What Is an O Visa Consultation Letter?

Because O visas are reserved for those who’ve reached the highest levels of achievement in their field, immigration law officials may lack the expertise to properly evaluate their credentials. The recommendation letter from a union or peer group is intended to provide professional insight into the petitioner’s achievements and the work they’re expected to perform. Based on their unique insight, they may either issue a “no objection” letter if the petitioner meets the regulatory criteria or write a negative consultation letter if they decide the applicant doesn't have the necessary qualifications.

Submitting Consultation Letters to USCIS

immigration lawRegardless of the union’s conclusion, the petitioner is required to submit the consultation letter along with all their other materials. However, some labor unions expressed concern that applicants who received negative recommendations could falsify their letters, so USCIS created a process through which documents could be submitted directly to the administration. While petitioners will still have to send in their original copy of the letter, the labor union may submit their own to for verification.


Immigration law is constantly changing, which makes the process of obtaining a visa even more challenging. The attorneys at Berd & Klauss, PLLC in New York City focus exclusively on immigration law, providing a comprehensive range of services informed by all the latest changes and updates. Visit their website to see how they can help, follow their Twitter to keep up with news and updates, or call (212) 461-7152 to discuss your issue with an accomplished, respected legal team.

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