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One of the most distinctive features of the O visa process is the requirement for a consultation letter from a labor union or industry group. Understanding the historical development of this requirement provides valuable context for applicants.

Before 1990, artists and entertainment professionals came to the U.S. using the H-1 visa, which only required “distinguished merit and ability.” However, the Immigration Act of 1990 (INA) introduced major changes: it created the O visa category specifically for individuals with “extraordinary ability” in the arts, sciences, education, business, or athletics and introduced a much tougher standard for artists, requiring “sustained national or international acclaim.” Meanwhile, the newly restructured H-1B visa was reserved for specialty occupations, particularly in fields like science and engineering.

If left unchanged, the heightened standard would have drastically limited the number of artists eligible to work in the U.S. In fact, in many ways, the INA of 1990 was a protectionist immigration bill. For example, it capped H-1B visas at 65,000 per year, whereas the old H1 category had no cap at all.

In response, immigration attorneys, led by Jonathan Ginsburg, collaborated with Senate Judiciary Committee members and arts organizations. After year-long negotiations, they succeeded in lowering the O visa standard for artists from “sustained national or international acclaim” to “distinction.” In exchange, organized labor was given a formal role: all O visa petitions must include a labor union or peer group consultation letter, ensuring that foreign artists do not unfairly displace U.S. workers. Today, the consultation letter remains a defining and historically significant feature of the O visa process. Over time, labor unions have even turned the requirement into a source of revenue, charging applicants up to $500 for what is often a routine no-objection letter.

This historical context explains why securing a consultation letter from the appropriate group that corresponds to the applicant’s field of endeavor is not merely a procedural step, but a crucial element that preserves the viability of the entire petition.