The petitioner (employer or sponsoring organization) must get a written advisory opinion from an appropriate labor organization regarding the beneficiary’s qualifications and the nature of work to be performed. An advisory opinion must be submitted along with the petition for the P visa.
Exception: If a petition merits expeditious handling, USCIS itself may request a written advisory opinion from an appropriate labor organization.
Exact requirements for the advisory opinion depends upon the type of P visa being petitioned for:
- P-1 Athletes and Entertainment Groups:
Consultation must be made with a labor organization that has expertise in the area of the sport or entertainment field.
Not favorable: It must include the facts that support the conclusion reached.
Favorable: It should evaluate and/or describe the athlete’s or group’s achievements and ability, comment on any international recognition, and state, whether the services to be provided, are appropriate for an internationally recognized athlete or entertainment group.
Alternatively, if a labor organization has no objection to the approval of a petition, they may submit a letter of no objection. - P-1 Circus Personnel:
The advisory opinion must comment on whether the circus has national recognition.
Not favorable: It must include the facts that support the conclusion reached.
Alternatively, if a labor organization has no objection to the approval of petition, they may submit a letter of no objection. - P-2 Artists and Entertainers in Exchange Programs:
The advisory opinion must verify the existence of a viable exchange program and must comment on the bona fides of the exchange program.
Not favorable: It must include the facts that support the conclusion reached. - P-3 Culturally Unique Artists and Entertainers:
Not favorable: It must include the facts that support the conclusion reached.
Favorable: It should evaluate the cultural uniqueness of the individual’s skills, state whether the events are cultural in nature, and state whether the event or activity is appropriate for a P-3 visa classification.
Alternatively, if a labor organization has no objection to the approval of a petition, they may submit a letter of no objection. - Essential Support Personnel:
Consultation must be made with a labor organization that has expertise in the skill area involved.
Not favorable: It must include the facts that support the conclusion reached.
Favorable: It must evaluate whether such an individual is essential, whether he/she has a working relationship with the athlete or entertainer, and state whether U.S. workers are available who can perform similar support services.
Alternatively, if a labor organization has no objection to the approval of a petition, they may submit a letter of no objection.
