The O-1 visa is a coveted option for individuals with extraordinary abilities to work in the United States. One of the critical elements of the application process is obtaining an advisory opinion, which acts as an endorsement of the applicant’s qualifications. This step can be daunting, as it involves collaboration with a peer group, trade organization, or recognized experts in the applicant’s field. In this article, we’ll explain the advisory opinion process, why it matters, and how to navigate it successfully.
What Is an Advisory Opinion?
An advisory opinion is a written statement from a recognized organization or group of experts in the applicant’s field. This statement confirms that the applicant meets the extraordinary ability standards required for the O-1 visa lawyer. It is designed to provide U.S. Citizenship and Immigration Services (USCIS) with an informed, third-party evaluation of the applicant’s achievements and reputation.
Who Provides the Advisory Opinion?
The advisory opinion must come from one of the following:
- Peer Groups: Professional organizations, unions, or associations in the applicant’s field.
- Trade or Consulting Organizations: Specialized organizations with expertise in the applicant’s industry.
- Recognized Experts: If no peer group or organization exists in the applicant’s field, a collection of letters from recognized experts can be substituted.
Each field may have different organizations or groups qualified to provide an opinion. For example:
- In the arts, unions like SAG-AFTRA (Screen Actors Guild – American Federation of Television and Radio Artists) often provide advisory opinions.
- In the sciences, organizations like the National Academy of Sciences may be appropriate.
Why Is the Advisory Opinion Important?
The advisory opinion serves as independent evidence of the applicant’s extraordinary ability. USCIS relies on these evaluations to verify that the applicant has achieved national or international acclaim and has risen to the top of their field. Without a strong advisory opinion, the petition may face challenges in demonstrating the applicant’s qualifications.
Steps to Obtain an Advisory Opinion
- Identify the Appropriate Organization or Experts
Research the organizations or peer groups that are recognized in your field. If no formal group exists, consider reaching out to prominent experts or individuals with extensive credentials. - Prepare Supporting Documentation
Provide detailed evidence of your achievements. This may include:- Awards and honors
- Media coverage
- Contracts and publications
- Letters of recommendation
- Records of critical roles or leadership positions
- Contact the Organization or Experts
Reach out to the organization or individuals with a formal request for an advisory opinion. Include a clear explanation of your intent, the O-1 visa process, and the specific criteria you meet. - Submit the Necessary Forms or Fees
Some organizations require specific forms or fees to process an advisory opinion request. Be sure to check the organization’s requirements and timelines. - Follow Up
Ensure that the advisory opinion is completed in a timely manner and accurately reflects your qualifications. Review the draft if possible and provide additional clarification if needed.
What If There’s No Peer Group?
In cases where no peer group exists for your field, USCIS allows comparable evidence. This involves collecting strong letters of support from multiple experts in your field. These letters should:
- Be written by individuals with significant credentials or recognition.
- Clearly describe the expert’s knowledge of your work and their authority in the field.
- Highlight your achievements and how they meet the criteria for extraordinary ability.
Common Challenges and How to Overcome Them
- Lack of Peer Group Availability: If no formal organization exists, focus on obtaining high-quality expert letters and comparable evidence.
- Tight Deadlines: Begin the process early, as obtaining an advisory opinion can take weeks or even months.
- Incomplete Evidence: Provide comprehensive documentation to make it easy for the organization or expert to evaluate your qualifications.
- Unclear Criteria: Clearly outline which O-1 criteria you meet and provide corresponding evidence for each.
Final Thoughts
The advisory opinion is a cornerstone of the O-1 visa application process, providing USCIS with the confidence to approve your petition. By identifying the right organization or experts, preparing strong documentation, and following the necessary steps, you can navigate this process successfully.
If you’re unsure where to start or need help identifying a peer group, consulting an immigration attorney with O-1 experience can provide valuable guidance. A well-prepared advisory opinion is your key to opening the door to extraordinary opportunities in the U.S.