O2 Visa

O-2 visa is a category specifically for the Essential Support Personnel of an O-1 visa holders in the field of athletics, the arts, motion picture and television production. The O-2 allows individuals to enter the U.S. solely to assist in the performance or event of the primary O-1 visa holder. These individuals must have critical skills and experience working with the O-1 visa holder that would be difficult or even impossible to find amongst U.S. workers.

O-2 visa holders who are accompanying someone with an O-1B for work in the motion picture or television industry specifically need to have critical skills and experience working with the O-1B beneficiary. If they’re coming to the U.S. for a specific production, then it needs to be shown that the O-2 is doing important pre-and post-production work both outside and inside the U.S. and the O-2 visa holder’s entry to the U.S. is needed for the production to be successful.

It’s important to note that although the O-1 visa requires the applicant to have ‘extraordinary ability’, O-2 visa holders are not held to this standard.

The requirements for the O-2 visa include:

1. Must be an essential support personnel of an O-1A Athlete, O-1B Artist or O-1B Motion Picture/TV industry beneficiary.

2. The applicant must be an integral part of the actual performance of the O-1 principal

3. The applicant must have critical skills and experience that are not of a general nature and cannot be performed by other individuals in the U.S.

4. If the applicant is accompanying an O-1B (Motion Picture & Television industry) beneficiary:

OR

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1. Live and Work in the U.S.: The O-2 is a great option for foreign nationals looking to advance their careers in the U.S. alongside the O-1 beneficiary
2. Keep your family together: O-2 holders can bring their spouse and children under 21 to stay with them in the U.S. in O-3 status. O-3 holders can attend school, through university, in the U.S. without restriction.
3. The Petitioner does not have to be an “employer”: Unlike other work visa categories, the O-2 Petition can be filed by an agent or talent manager.
4. Indefinite extensions- There are no limits to how long someone can have O-2 status. O-2 status can be indefinitely extended as long as the O-1 Beneficiary is in the U.S.
5. Multiple Beneficiaries: A single petition can be filed for multiple O-2 beneficiaries as long as they are all supporting the same O-1 beneficiary.

Some of the limitations of an O-2 include:

1. The O-2 is not dual intent. You must be able to show that you maintain a foreign residence that you do not intend to abandon when applying for an O-2 visa.
2. You can only work with the O-1 principal to whom you provide support. If you wish to work with someone else, you may need to seek out alternative work authorization.
3. O-3 spouses cannot work in the U.S.

O-2 status can be granted for up to 3 years, however, will be restricted to the period of time determined to be necessary to assist the O-1 principal to accomplish the event or activity. Your period of stay will run for no longer than the time given to the O-1 principal.

You may be admitted to the U.S. for the O-2 visa validity period, plus a period of up to ten days before the validity period begins and ten days after the validity period ends.

Yes, you may apply for extension of stay for your O-2 status. Extensions may be authorized in increments of up to one year to continue or complete the same event or activity for you were admitted into the U.S. plus an additional ten days to allow you to get your personal affairs in order.

Remember, because O-2 status is connected to the primary O-1 visa holder’s status, an O-2 extension can not be approved beyond the validity of the primary O-1 beneficiary’s status.

Yes, you may engage in study while on O status as long as it is incidental to your O-2 activities.

No, there are no travel restrictions on an O-2 visa. You may travel outside the U.S. and reenter as many times during the validity period of the O-2 petition as long as you have a valid O-2 visa. If you are Canadian, you may travel outside and reenter the U.S. as long as you have a valid O-2 approval notice.

An individual may not apply for the O-2 visa for themselves. The O-2 work visa requires a sponsoring U.S. employer or agent, called a “Petitioner”, to file the Form I-129 petition with U.S. Citizenship & Immigration Services on behalf of the potential applicant(s), called a “Beneficiary”.

If the Beneficiary is outside the U.S. when the O-2 petition is approved, they can apply for the O-2 visa at a U.S. Consulate and can then enter to the U.S to begin working in O-2 status.

If the Beneficiary is in the U.S. already in valid nonimmigrant status, their status may automatically change to O-2 and then can begin employment.

The petitioner must file the Form I-129, Petition for Nonimmigrant Worker: The Form I-129 must be submitted to USCIS with the required filing fee and supporting documentation. The Form I-129 can be mailed to the appropriate USCIS Lockbox.

It’s important to remember that eligibility for the O-2 is based on the O-1 Beneficiary’s approval. If the O-1 Beneficiary’s petition or visa are denied, then the O-2 will not be able to get the O-2 visa.

Petitions for O-2 foreign nationals must be accompanied by:

1. Documentary Evidence showing your services are an essential support personnel and you’re your services are critical to the O-1 Beneficiary’s performance, event and/or activities in the U.S.
2. Copies of any written contracts between the employer and the beneficiary. If there is no written contract, a summary of the terms of the oral agreement under which you will be employed
3. Explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities
4. Written advisory opinion(s) from the appropriate consulting entity or entities
5. Evidence that an O-1 petition has been filed and/or approved for a qualifying O-1A or O-1B Beneficiary or indication that their petition is being field at the same time as the O-2 petition.

1. Contract between O-1 principal and yourself setting out terms and conditions of services to be rendered

2. Contract between O-1 principal and yourself showing business relationship between O-1 principal and yourself

3. Proof of prior service to O-1 principal and skills in assisting the Beneficiary before, including but limited to:

The documents required for O-2 visa are:

1. The Nonimmigrant Electronic Visa Application, DS-160
2. One recent 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. Establishment of the demonstration of nonimmigrant intent. You must prove that you will return to your home country
5. The I-797, Notice of Action O-2 Approval Notice
6. A copy of the O-1 Beneficiary’s O-1 Approval Notice and O-1 Visa (if applicable)
7. Proof that you are capable of assisting the O-2 and other evidence confirming that the information provided in the O-2 petition was accurate

To qualify for O-2 visa, you must:

1. Be coming to the U.S. to assist in the performance of the O-1 principal
2. Be an integral part of the actual performance
3. Have critical skills and experience with the O-1 principal which are not of a general nature and which are not possessed by a U.S. worker

You must have skills and experience with the O-1 principal, which are:

1. Not of a general nature

2. Critical:

3. Essential for the successful completion of the project

USCIS requires that petitioners submit a “consultation” with all O-2 petitions.

For O-2 petitions for those accompanying an O-1B Artist or O-1A Athlete, the consultation is in the form of an “advisory opinion from the ‘labor organization’ having expertise in the skill area.” An advisory opinion can only be issued if the labor organization has reviewed the petition materials. An advisory opinion can give a favorable recommendation, a “no objection”, or unfavorable recommendation. USCIS is not required to adhere to unfavorable recommendations.

If there is no appropriate labor organization, the petitioner can provide an advisory opinion from an expert in the field.

USCIS can waive the consultation requirement if the beneficiary is reapplying for the O-2 and the advisory opinion was issued within 2 years.

The O-2 advisory opinion should:

1. Describe the O-2 beneficiary’s essentiality to, and working relationship with the O-1 principal
2. State whether there are available U.S. workers who can perform the support services

For O-2 petitions for those accompany an O-1B/Motion Picture & TV petitions, a petitioner must provide an advisory opinion from the labor union which represents the beneficiary’s occupational peers as well as a management organization in the area of extraordinary ability. The advisory opinions can give a favorable recommendation, a “no objection”, or unfavorable recommendation. USCIS is not required to adhere to unfavorable recommendations.

USCIS can waive the consultation requirement if the beneficiary is reapplying for the O-2 and the advisory opinion was issued within 2 years

The O-2 advisory opinion should:

1. Address the O-2 beneficiary’s skills and experience with the O-1 principal
2. State whether they have a pre-existing longstanding working relationship with the O-1 principal or whether significant production will take place in the U.S.
3. State whether the continuing participation is essential to the successful completion of the production

Yes, The O-2 petition can be filed under “Premium Processing.” Premium Processing is an optional service provided by USCIS where an additional fee is paid to expedite the processing of certain USCIS petitions, including the Form I-129 for O-2 petitions. This service guarantees that USCIS will provide a response (Approval, Request for Evidence or Notice of Intent to deny) within 15 business days.

Employers may request Premium Processing by filing a completed Form I-907, Request for Premium Processing Service along with the Form I-129 or it can be submitted after the Form I-129 is filed.

Your O-2 petition may be revoked if the:

1. Capacity in which you were originally employed as mentioned in the petition has changed
2. Statement of facts contained in the petition were not true and correct
3. Terms or conditions of the approved petition are violated
4. Approval of the petition involved gross error

Yes, you may appeal against a denied or revoked petition on notice under 8 CFR part 103.

Note: Automatic revocations may not be appealed.

If you are in the U.S. in lawful, nonimmigrant status, you can change your nonimmigrant status to O-2 if you qualify. This option is not available if you entered the U.S. without inspection, overstayed your authorized term of admission under the present status or have otherwise not maintained your nonimmigrant status. You also cannot change status if you entered under the Visa Waiver Program.

Yes, you may bring your dependents to the U.S. with the O-3 visa. Your spouse and unmarried children under 21 years old are entitled to an O-3 and they can stay as long as you maintain valid O-1 status.

No, dependents in O-3 status may not work.

Yes, if you work for more than one employer at the same time, each employer must file a separate petition with the USCIS for “concurrent” employment.

Yes, you may change employers on O-2 visa, however, your new employer must file a new petition and request an O-2 visa extension of stay with the USCIS Service Center having jurisdiction over the new place of employment.

Note: An O-2 foreign national may change employers only in conjunction with a change of employment by the O-1 principal.

If the employment is terminated for reasons other than voluntary resignation, the U.S. employer is liable for reasonable cost of return transportation to your last place of residence prior to entry into the U.S.