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The O-1 Advisory Opinion and Petition Documents
Every O petition goes through a consultation required by statute, which produces an advisory opinion. The opinion is advisory only: it does not bind USCIS, and a negative opinion does not automatically lead to denial.
Last reviewed against the USCIS Policy Manual on
A consultation is required
“A statutorily mandated consultation process exists for all O nonimmigrant petitions.”
“USCIS maintains a list of organizations that provide advisory opinions on O-1 and O-2 beneficiaries.”
Advisory, not binding
“The consultations are advisory in nature only and are not binding on USCIS. A negative advisory opinion does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence.”
“Accordingly, USCIS may favorably consider evidence submitted by the petitioner to overcome a negative advisory opinion.”
Affidavits: what they must say
“Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability or extraordinary achievement of the beneficiary must specifically describe the beneficiary's recognition and ability or achievement in factual terms and set forth the expertise of the affiant and the manner in which the affiant acquired such information.”
No written contract? An oral agreement can work
“Evidence of an oral agreement may include, but is not limited to, emails between the contractual parties, a written summation of the terms of the agreement, or any other evidence that demonstrates that an oral agreement was created.”
“The summary does not have to be signed by both parties to establish the oral agreement.”
Which organization to ask for the advisory opinion depends on your field. Our sources don't cover that list, so check it with USCIS or your attorney.
Frequently asked questions
- Is an advisory opinion required for an O-1A?
- The Policy Manual says a statutorily mandated consultation process exists for all O nonimmigrant petitions.
- Does a negative advisory opinion mean denial?
- No. Consultations are advisory only and not binding on USCIS, and USCIS may favorably consider evidence submitted to overcome a negative opinion.
- Do I need a written employment contract?
- Not necessarily. Evidence of an oral agreement can include emails or a written summary of its terms, and the summary does not have to be signed by both parties.
- What must an expert affidavit include?
- A specific, factual description of your recognition and ability, the expertise of the person writing, and how they know about your work.
Related
Quotes are word for word from the USCIS Policy Manual, Volume 2, Part M. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.