Other O Considerations

There is a "consultation" requirement associated with some O-1 nonimmigrant statuses. Specifically, any petition for a foreign national who wishes to enter the United States as an O-1 nonimmigrant based upon extraordinary achievement in the motion picture or TV industry (or change his status to an O-1 nonimmigrant status if he is already in the United States) must include a written advisory opinion from the appropriate union and management group, describing the foreign national's achievements in motion picture or TV industry. Likewise, any petition for a foreign national who wishes to enter the United States as an O-2 nonimmigrant must also include a written advisory opinion from an appropriate union and management group, describing the foreign national's skills and/or experience with the O-1 nonimmigrant, and whether a longstanding relationship exists or, for continuity purposes, whether the O-2 nonimmigrant's continuing participation in the production is essential because significant production will take or has taken place inside and outside of the United States.

All other O-1 petitions must include a written advisory opinion from an appropriate union, if one exists. The advisory opinion must describe the foreign national's ability and/or achievements in the field and the duties to be performed. All other O-2 petitions must include a written advisory opinion from an appropriate union, if one exists, also describing the foreign national's essentiality to and working relationship with the O-1 nonimmigrant.

All opinions are advisory only, and are not binding on USCIS. The consultation requirement may be waived if the petitioner demonstrates that no appropriate union exists.

Finally, like the L-1A nonimmigrant status, one of the great aspects of securing an O-1 nonimmigrant visa / status for an alien of extraordinary ability is that there is a comparable "Green Card" category (to be discussed in more detail below). The first employment-based preference "Green Card" category (EB-1) covers "priority workers," which include O-1 aliens of extraordinary ability. Assuming an individual is eligible for O-1 nonimmigrant status, and does wish to remain in the United States permanently, this is a relatively straight forward procedure. Here, dual intent is recognized, as there is no foreign residence requirement; there is, however, a requirement that there be a temporary intent to remain in the United States.

This guide was developed by Meyers & Meyers, LLP as a resource to help you understand some aspects of Immigration Law, which is very complex. It is not intended to create an attorney-client relationship. We recommend you contact one of our experienced Immigration Attorneys to devise an individualized plan to help you and/or your company achieve your goals. Please contact Meyers & Meyers, LLP at information@meyersandmeyers.com for assistance.

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