The petitioner must submit a written advisory opinion from a group of colleagues (including labor organizations) or a person with expertise in the beneficiary’s area of expertise. If the O-1 petition is for an individual with extraordinary achievement in film or television, the inquiry must come from an appropriate union and management organization with expertise in the beneficiary’s area of expertise.
When a query includes a watermark or other distinctive marking to confirm the authenticity of the document, petitioners must submit to USCIS the version containing the watermark or other distinctive marking. Copies of documents that do not contain the watermark or other appropriate distinguishing marks may cast doubt on the authenticity of the document and lead to processing delays. For example, USCIS may request that the petitioner submit the original version of the document. To avoid processing delays, petitioners must ensure that they submit the proper version and that any associated watermarks or other distinctive marks are legible.
Exceptions to the consultation requirement
If your employer or agent can show that there is no appropriate peer group, including a labor organization, then we will base our decision on the evidence they submit in support of Form I-129. We may waive a consultation if you have extraordinary ability in the field of the arts and are applying for readmission to perform similar services within two years of the date of the prior consultation. Your employer or agent must submit a request for exemption and a copy of the previous consultation with the request.
For more information on inquiries for O nonimmigrants, see the USCIS Policy Manual, Volume 2, Part M, Chapter 7.
The petitioner must explain the nature of the events or activities, the start and end dates of the events or activities, and a copy of any itinerary for the events or activities, if applicable. The petitioner must establish that there are events or activities in their field of the extraordinary capacity for the requested validity period, such as an itinerary for a tour or series of events.