U.S. Citizenship and Immigration Services (USCIS) has begun

accepting copies of negative consultation letters directly from

labor unions relating to a current or future O nonimmigrant visa

petition request.

A consultation letter from a U.S. peer group, labor

organization, and/or management organization is generally required

for petitions in the O visa classification.

USCIS explained that typically, a petitioner submits the

necessary O visa consultation with the petition, and that this

process requirement remains unchanged.

USCIS Director L. Francis Cissna recently met with several labor

unions to discuss concerns they had with the consultation process

for O visa petitions, particularly “that some advisory

opinions may be falsified by petitioners and submitted to USCIS as

no-objections or favorable consultations, when in fact these were

negative,” the agency said.

The labor unions will now be able to send a copy of a negative

consultation letter to USCIS so it can be compared to the

consultation letter submitted to USCIS by the petitioner.

USCIS said labor unions should send copies of negative O

nonimmigrant consultation letters to

UnionConsultationMailbox@uscis.dhs.gov.

To make sure USCIS matches the letters to the correct petitions,

labor unions should include the last five digits of each

beneficiary's passport number in the consultation letters.

After six months, USCIS will analyze the data collected “to

identify areas for improvement in the consultation

process.”

The content of this article is intended to provide a general

guide to the subject matter. Specialist advice should be sought

about your specific circumstances.

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