In a requirement unique to the O and P classifications, petitioners ordinarily must obtain an advisory opinion from an appropriate labor organization to include with the filing of either a principal or a support petition with U.S. Citizenship and Immigration Services (USCIS). The union most often will respond with a simple letter of no objection.

To obtain a consultation, prepare everything as you would for filing with USCIS but before filing, air courier a full copy of the materials - or at least enough to make the case - to the appropriate union(s) (except as otherwise indicated on the Labor Consultation Contact List). Be sure to request a fax response if time is short. The union will reply directly to you. The turnaround time for union responses varies from 2 days to more than 2 weeks.

The labor consultation must come from a union with appropriate expertise, meaning that the union generally occupies the field of endeavor or a related one, even if it is not a collective bargaining representative in the particular field. The consultation requirement is waived for purely administrative management positions, such as executive directors, and business administrators, financial officers, business representatives, and others with no direct input into the creative aspects of the production or performance, and also in cases where there is no appropriate union, as with interpreters, music librarians and even artistic administrators. To support a waiver request on grounds of lack of an appropriate labor organization, supply a statement by the petitioner or someone else with knowledge of the field, to the effect that from personal knowledge based on long experience in the field, there is no relevant labor organization. It is best first to check with the unions to verify that they do not "cover" a particular position.

The union's opinion, positive or negative, is merely advisory and not binding on USCIS. Consultations are supposed to address the nature of the work to be done and the beneficiary's qualifications to do that work, nothing more. Occasionally, though, unions will object on grounds of low wages, the availability of U.S. workers to do the job or simply that the beneficiary fails to meet the applicable standards.

Do not panic when faced with a union objection. AGMA, in particular, has increased its objections to petitions for aliens filling secondary or minor roles. Actors Equity consistently objects to O-1B and P-1B petitions, particularly those involving English-language roles or productions. In the case of U.K. performers, it does so because it wants the petitioner to participate in its P-2 reciprocal exchange program with British Equity. Carefully review the letter and, if possible, find an additional expert to support your case and rebut the union's position, then file the petition. If the alien in fact meets the applicable standards, chances are good that USCIS will approve the petition despite the union's objections.

Here are some considerations common to more than one consultation category:

IATSE, AGVA, Actors' Equity Association (AE), and American Guild of Musical Artists (AGMA) charge $250 per consultation. IATSE charges an additional $100 for expedited consultations; AGMA charges an additional $250 for expedited consultations. The American Federation of Musicians requires a $200 fee for each letter of non-objection requested by visa petitioners. For petitioners requesting a response within 48 hours, the "expedited" AFM consultation fee is $250. The petitioner must pay the fee when requesting the consultation. There are exceptions to the charges, and restrictions on how they are payable, so it is best to contact the union in advance to confirm the amount and method of payment. Note the charge is per petition, so O-2 or P support petitions will also require a fee.