The O-1 Consultation Requirement

The advisory opinion is part of the filing architecture, not a substitute for the petition’s evidence.

The general rule

An O petition generally includes a written advisory opinion from an appropriate peer group, labor organization, management organization, or person with expertise in the field, depending on the category and occupation.

What the consultation addresses

The opinion may discuss the nature of the work, the beneficiary’s qualifications, and whether the proposed services require a person of extraordinary ability or achievement. The petition should follow the procedures of the appropriate consulting body and preserve proof of submission and response.

Exceptions and unfavorable opinions

The regulations recognize limited circumstances in which a consultation may be waived or alternate evidence supplied. An unfavorable opinion does not automatically determine the case, but it should be addressed directly with law, facts, and supporting documentation.