- Work Visas
- Green Cards
- Citizenship
- Deportation
- Investor Visas
- Student Visas
- Family Visas
- Other Visas
O-2 Visas Individuals to Accompany O-1 Visa Holders: USA Immigration
The O-2 visa is designed for support staff of O-1 visa holders. O-2 visa holders accompany the O-1 artist or athlete in order to assist them with their activities. In the case of an O-1A visa, the presence of the O-2 individual must be essential for the O-1 visa holder’s activities in the United States. In the case of O-1B visas, the O-2 must have critical skills and great experience in the O-1 visa holder’s field of expertise, which makes the position unavailable to U.S. workers. The O-1B visa holder must show that the presence of the O-2 worker is necessary for the success of the O-1 visa holder.
O-2 Visa Application Process:
The petitioner must file Form I-129 Petition for Nonimmigrant worker with the USCIS office listed on the form. The petitioner must file Form I-129 for the prospective O-2 employee at the same time the I-129 is filed for the O-1 individual. The petitioner must file the I-129 not more than one year before the O-1 and O-2 immigrant will begin their work in the United States. The I-129s should be filed at least 50 days before the aliens will begin employment, in order to avoid any delays processing the visa.
O-2 Visa Consultation Requirement:
In the case of O-2 visas in the arts and athletics, the consultation must be from the appropriate labor organization. In the case of O-2 visas in the television or film industry, the consultation must come from the appropriate labor organization and management organization with recognized expertise in the O-2’s respective field.
Required Documentation for O-2 Visas:
The petitioner must show that the O-2 beneficiary possesses the appropriate skills and experience in their field of expertise, wherein the O-2’s presence is essential for the success of the O-1 beneficiary. In the case of O-2 visas for the television and film industry, the petitioner must show that the skills and expertise of the O-2 is essential for the success of the production. In addition, the petitioner must provide evidence that major productions have taken place by the O-1 and O-2 beneficiaries outside the United States and will take place in the United States if granted permission to enter the U.S.
O-1 and O-2 Visa Period of Stay:
The O-1 and O-2 visa is valid for up to three years. The O-1 or O-2 visa holder may enter the United States 10 days before the validity period of the visa and end 10 days after the validity period ends. The beneficiary must only engage in employment upon which their visa was based.
O-1 and O-2 Visa Extension of Stay:
An O-1 visa or O-2 visa extension of stay can be granted if an extension is needed in order for the beneficiary to complete or continue the activities mentioned in the initial I-129.
In order to apply for an extension of stay the petitioner must complete and file Form I-129, and submit a copy of the person of extraordinary ability’s Arrival/Departure Record (Form I-94). The petitioner must also provide a written statement from the person of extraordinary ability, stating the reason for the extension.
Spouse and Children of O-1 or O-2 Visa Holders:
O-1 and O-2 visa holder's spouse and children under 21 years of age are allowed to reside in the United States with the O-1 or O-2 visa holder as long as the O-1 or O-2 visa remains valid.
O-3 Visa Extension of Stay:
In order to for O-3 visa holder to obtain an extension of stay, the O-1 or O-2 visa holder must also be seeking an extension of stay. The spouse and children of O-1 or O-2 visa holders must submit Form I-539 Application to Extend/Change Nonimmigrant Status. The spouse and children of O-1 or O-2 visa holders must provide supporting documentation regarding why they are seeking an extension of stay, specifically why the O-1 or O-2 visa holder requires an extension of stay.