Your employer or agent should submit a waiver request and a copy of the previous consultation with the petition.įor more information on consultations for O nonimmigrants, see USCIS Policy Manual Volume 2, Part M, Chapter 7.Ĭontract between petitioner and beneficiary We may waive a consultation if you have extraordinary ability in the field of arts and you are seeking readmission to perform similar services within two years of the date of a previous consultation. If your employer or agent can demonstrate that an appropriate peer group, including a labor organization, does not exist, then we will base our decision on the evidence they submit in support of the Form I-129. To avoid processing delays, petitioners should ensure that they submit the appropriate version and that any associated watermark or other distinctive marks are legible.Įxceptions to the Consultation Requirement For example, USCIS may request that the petitioner submit the original version of the document. Copies of documents that do not contain the appropriate watermark or other distinctive marks may raise doubts about the authenticity of the document and may result in processing delays. When a consultation includes a watermark or other distinctive marks to confirm the authenticity of the document, petitioners should submit to USCIS the version containing the watermark or other distinctive marks. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability. The Petitioner must provide a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. In addition to Form I-129, the petitioner must submit the documentary evidence discussed below: To avoid delays, your employer or agent should file your Form I-129 at least 45 days before the date of employment. Your employer or agent cannot file the petition more than one year before they actually need your services. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions. agent, or foreign employer through a U.S. Application Process for an O-1 VisaĪ U.S. In the case of an O-2 visa holder in the motion picture or television industry, you must have skills and experience with the O-1 visa holder that are not of a general nature and which are critical either based on a pre-existing longstanding working relationship or, with respect to the specific production, because significant production (including pre- and post-production work) will take place both inside and outside the United States and your continuing participation is essential to the successful completion of the production. To qualify for an O-2 visa, your assistance must be an “integral part” of the O-1A visa holder’s performance and you must have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. This is evidenced by a degree of skill and recognition significantly above that ordinarily encountered, to the extent that you are recognized as outstanding, notable or leading in the motion picture and/or television field. To qualify for an O-1 visa in the motion picture or television industry, you must demonstrate extraordinary achievement.
This is evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that you are prominent, renowned, leading, or well-known in the field of arts.
Distinction means a high level of achievement in the field of the arts. To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.Įxtraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that you are one of the small percentage who have arisen to the very top of the field.Įxtraordinary ability in the field of arts means distinction.