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Do I Need a Consultation Letter for My O-1 Visa Application?

Hi William,

I am a renowned artist working in the field of fine art. Do I qualify for the O-1 Visa? and do I need a "consultation letter" for my O-1 visa application?

Answer,

To qualify for an O-1 visa, the alien beneficiary must demonstrate extraordinary ability by sustained national or international acclaim, and must be coming to U.S. to continue work in the area of extraordinary ability. Extraordinary ability in the fields of science, education, business or athletics means a level of expertise indicating that the person is one of the small percentage who has risen to the very top of the field of endeavor.

Extraordinary ability in the field of arts means distinction. Distinction means a high level of achievement in the field of the arts evidenced by a degree of skill and recognition substantially above that ordinarily encountered to the extent that a person described as prominent is renowned, leading, or well-known in the field of arts.

To qualify for an O-1 visa in the motion picture or television industry, the beneficiary must demonstrate extraordinary achievement evidenced by a degree of skill and recognition significantly above that ordinarily encountered to the extent the person is recognized as outstanding, notable or leading in the motion picture and/or television field.

The petitioner should file Form I-129, Petition for Nonimmigrant Worker, with the USCIS office listed on the form instructions. The consultation letter is required for an O-1 visa petition. A written advisory opinion is required from a peer group, including labor organizations, or a person designated by the group with expertise in the alien beneficiary’s area of ability.

If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation letter must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.







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