O3 Visa

The O-3 dependent visa is a nonimmigrant visa which allows the dependent spouse and children under 21 of a principal O visa holders to enter, live and study in the U.S. The O work visa categories include O-1 and O-2.

With an O-3 visa, you can:

1. Enter the U.S. along with your O-1/O-2 spouse or join him/her later
2. Travel in and out of the U.S. or remain in the U.S. continuously as long as your spouse maintains their status
3. Study at any U.S. educational institution, including higher education (college/university)

OR

Check My Eligibility

On O-3 visa, you may not:

1. Work in the U.S.
2. Remain in the U.S. in O-3 status if your spouse has left the U.S. without intending to return in O-1/O-2 status or they are no longer maintaining valid O-1/O-2 status.

Your O-3 status generally depends on the status of the principal O visa status. For example, an O-1 visa holder is generally granted status for 3 years. Therefore, if your spouse’s O-1 visa expires in 3 years, your O-3 will expire in 3 years as well.

It’s also important to remember that the O-worker loses their status, the O-3 dependent loses their status as well.

Yes, you may study on an O-3 visa at any grade level, including pursuing higher education at the college/university level. You need not apply for F-1 student visa.

No, you may not work on O-3 visa. If you wish to work in the U.S., you will need to change your status to an appropriate work visa.

No, there are no general travel restrictions for O-3 visa holders. You may travel as many times as possible while you are in O-3 status and if you have a valid O-3 visa in your passport.

Note: Citizens of certain countries are subject to reciprocity rules which may limit the duration of an O-3 visa or control how many times a single visa can be used for travel.

Once the principal O-1/O-2 applicant receives the Form I-797, Notice of Approval from the USCIS, the spouse and dependents can apply for an O-3 visa at the U.S. Consulate along with the O principal applicant or once they have already obtained a visa or O-1/O-2 status.

You apply for the O-3 visa by submitting:

1. A filled-in Form DS-160, Nonimmigrant Visa Application
2. One recent color photograph two inches square (50mm x 50mm) of each applicant, with the entire face visible. The picture should be taken before a light background and without head covering
3. A passport, valid for travel to the U.S. for at least six months longer than your intended visit
4. A copy of the marriage certificate in case you are a dependent spouse
5. Birth certificate in case you are a dependent child below 21 years of age

If you maintain valid nonimmigrant status in the U.S., you can change your status to O-3 by submitting the Form I-539, Application to Extend/Change Nonimmigrant Status. You can file the O-3 Change of Status along with the O-1 or O-2 principal applicant or once they have obtained O-1/O-2 status.

The O-3 Change of Status should be submitted with the following documents:

1. Evidence of the O applicant’s valid status (Form I-797, Notice of Approval from the USCIS, Form I-94, and pay stubs (if applicable)
2. Evidence of your relationship (marriage certificate if you’re the spouse, birth certificate if you’re a child under 21)
3. Copy of your passport, and valid nonimmigrant status in the U.S. (visa, any relevant USCIS approval notices, I-94, and any other documents indicating valid status in the U.S.)

You can also change status to other nonimmigrant status for which you are eligible.

Yes, legal permanent resident status is available to O-3 dependents of an O-1 foreign national. Like any foreign national, you may acquire permanent residency either through entry into the U.S. on an immigrant visa granted by a U.S. consulate abroad or by adjustment of status in the U.S through the USCIS.

There is currently no Premium Processing available for the Form I-539 to change status to O-3 or extend O-3 status. If you submit your application concurrently with your spouse’s O-1/O-2 petition and Premium Processing is selected for that petition, USCIS may, as a courtesy, process the O-3 application at the same time.