USCIS Permits Negative Consultation Letters from Labor Unions: O-Visa

In a recent decision, USCIS will now accept copies of negative consultation letters directly from labor unions in regards to a current or future O visa petition request. Now, labor unions will have the opportunity to speak against potential O-Visa beneficiaries without interference.

O- Visa Program

The O-1 Visa benefits individuals with extraordinary ability or achievement in a variety of careers (e.g. science, education, business, athletics, or the arts) including the motion picture and television industry. The O-Visa program benefits also includes individuals that accompany O-1 visa holder (i.e. assistants, integral partners, dependents). Under the O-Visa program, eligible individuals may work in the United States for a petitioning employer for up to three years with the opportunity to extend an additional three years. To be considered for an O-Visa, applicants must submit a written consultation from a peer group related to the field or a letter from a person with expertise in the beneficiary’s field. Typically, the labor unions or peer group write in affirmation of the beneficiary. Now, labor unions can urge USCIS to deny an O-Visa application.

Labor Unions for Change

The change comes following several meetings between the director of USCIS, L. Francis Cissna, and several labor unions. Union leaders were concerned that many O-Visa applications had provided USCIS with false affirmative letters. Labor unions can now directly send negative letters regarding a potential O-Visa beneficiary to USCIS. Although the decision serves to provide greater transparency in the O-Visa application process, the increased involvement of labor unions may create even more barriers for those wishing to work in the United States.