A Consultation Letter also known as an Advisory Opinion letter or a NO Objection letter is a letter from a peer group (including labor organizations) or a person who is designated by the group with expertise in the beneficiary’s area of ability who determine whether or not they believe you qualify for an O1 visa. If the O1 visa is for an actor or performer with extraordinary achievement in motion picture or television, then the consultation letter must come from an a labor union and a management organization with expertise in the acting field.
Keep in mind that Actors need 2 letters, and for example they might request a combination of letters; one from an established acting labor union and another from a management organization. Typically the organizations will review
your career highlights, CV, accomplishments, press/reviews and determine whether you qualify for an O1 visa under USCIS regulations. USCIS requires all O1 visa to be filed a consultation letter(s). If a petition is filed without said letter USCIS will usually send a request for additional evidence requiring the consultation letter and/or contact the prevalent peer organization in the particular area of ability and request a consultation letter directly from the union or organization.
When is a Consultation Letter not required? Depending on the type of O1 visa area of ability, business, education, science, athletics or arts, it may be demonstrated that an appropriate peer group, including a labor organization, does not exist. Hence, there is no organization to issue the consultation letter. Moreover, a consultation letter will generally be waived when the beneficiary is seeking an extension of an already granted O1 visa or a new O1 visa within 2 years of the date of a previous consultation letter.
Remember, the best thing to do is have an experienced immigration attorney review your case and determine where and how to obtain your O1 visa consultation letters.