Consultation Peer Group

8 CFR 214.2(O)(5)(i)(F)


This statute is in plain language.


[8 CFR 214.2] Special requirements for admission, extension, and maintenance of status;
(o) Aliens of extraordinary ability or achievement;
(5) Consultation;
(i) General:

Law Text

(F) In a routine processing case where the petition is accompanied by a written opinion from a peer group, but the peer group is not a labor organization, the Director will forward a copy of the petition and all supporting documentation to the national office of the appropriate labor organization within 5 days of receipt of the petition. If there is a collective bargaining representative of an employer's employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization for purposes of this section. The labor organization will then have 15 days from receipt of the petition and supporting documents to submit to the Service a written advisory opinion, comment, or letter of no objection. Once the 15-day period has expired, the Director shall adjudicate the petition in no more than 14 days. The Director may shorten this time in his or her discretion for emergency reasons, if no unreasonable burden would be imposed on any participant in the process. If the labor organization does not respond within 15 days, the Director will render a decision on the record without the advisory opinion. 8 CFR 214.2(O)(5)(i)(F).

Related Caselaw

o-1 visa lawyer    None.