O-1 visa holders may be extraordinary, but that doesn’t mean they can do everything on their own. Understanding this, USCIS offers the O-2 visa, specifically designed for those who play an indispensable role in the work of an O-1 visa holder. Keep reading to learn the requirements, how to apply, costs, processing times, and more.
Ready to bring your essential team to the United States?
Find out if your key personnel qualify for the O-2 visa. Contact us now to get your questions answered by an immigration specialist
What is the O2 Visa?
According to the USCIS website, the O2 visa is intended for people who are planning on accompanying an O1 visa holder to the U.S. with the sole purpose of assisting in the O1’s work. Regardless of whether the work is an event, play, movie, or exhibit, the O-2 visa holder must be considered to be an “integral part” or “essential component” of the work.
Additionally, you must be able to prove that your job cannot be easily done by a U.S. worker, thereby requiring your presence in the U.S. for the work to be completed.
O-2 Visa Requirements
To qualify for an O-2 visa, you must prove you are essential support personnel for an O-1 visa holder. This visa is not available for those supporting O-1A beneficiaries in the fields of science, business, or education. Your eligibility depends on the O-1 artist or athlete you are assisting.
Supporting an O-1A Athlete or O-1B Artist (Non-MPTV)
- You are an integral part of the O-1’s performance or event.
- You possess critical skills and experience that are not of a general nature.
- A U.S. worker does not have the unique skills required to perform your job.
Supporting an O-1B Artist (Motion Picture & TV Industry)
You must meet one of the following two conditions:
- A pre-existing, long-standing working relationship with the O-1 beneficiary.
- OR, for a specific production, your continued participation is essential to its successful completion due to significant prior work on the project outside the U.S.
To qualify, you must meet specific criteria based on the O-1 beneficiary you are supporting:
- You are an integral part of the work of an O-1A visa applicant. This means that it should be apparent that the work cannot be completed efficiently by anyone other than you.
- For the assistants of O-1B visa applicants, you must play an essential role in the production, exhibit, or event taking place. This is proven by having a long working history with the O-1B holder.
Importantly, your O2 petition is tied to the O1 visa holder that you are accompanying. This is not for friends or family of the O1 holder nor is it for anyone who has a job in the fields of art, education, science, or business.
O-2 Visa Application Process
Step One: I-129 Petition
Your employer must first file an I-129 petition on your behalf, along with any supporting evidence indicating that you are an essential or integral component of the O1 visa holder’s work. This petition package must include:
- Written Consultation: A letter from an appropriate U.S. peer group or a person with expertise in your field. This letter must describe your essential role and skills in relation to the O-1 beneficiary’s work.
- Employment Contract: A copy of the contract detailing the terms and conditions of your employment.
- Itinerary: A detailed explanation of the events or activities, including the dates and locations of the work you’ll be doing.
- Evidence of Essential Skills: Proof that you are an integral part of the O-1’s performance and have critical skills and experience that are not of a general nature and cannot be performed by a U.S. worker.
Step Two: After Petition Approval
- If You Are Outside the U.S.: You must undergo consular processing. This means applying for the O-2 visa stamp at a U.S. embassy or consulate in your home country. This involves:
- Completing Form DS-160 online
- Paying the visa application fee
- Attending a one-on-one visa interview. The consular officer will then ask you questions about your personal life, your work history, your current employer, and your plans once you reach the U.S. The important thing is to be prepared for these questions and answer truthfully. If the officer clears you, you can enter the U.S. under O2 status.
- You will need to bring your I-797 Approval Notice from the petition, your passport, and other required documents to the interview.
- If You Are Already in the U.S.: If you are already in the U.S. under a different nonimmigrant status, then your status will automatically switch over to O2 status when your I-129 petition is approved. Keep in mind that your I-129 should be filed at the same time as the principal O1 holder’s I-129.
Navigating the specific evidentiary requirements for an O-2 visa can be complex. An experienced immigration attorney can help ensure your petition is properly documented and persuasively presented
O-2 Visa Processing Time
The I-129 petition takes an average of 3 to 4 months to be processed. This processing time varies significantly depending on the service center that processes your petition and the complexity of your case.
If you need to go through consular processing, you will need to make an appointment with the U.S. consulate or embassy in your home country. The time for this can vary depending on the interview availability at the consulate.
Overall, your O2 visa processing time could take as little as a few months to as long as a year, depending on your circumstances and your service centers.
O-2 Premium Processing
USCIS offers premium processing to expedite the I-129 petition to 15 business days. If the USCIS fails to process the petition in the allotted time, you will receive a refund of the premium processing fee.
It is important to note that the premium processing service only expedites the I-129 petition and does not affect any other step in the O2 visa process. It also does not guarantee that your petition will be approved.
O-2 Visa Validity and Extensions
Once your O2 visa is issued, you will have the same duration of stay as your principal O1 holder, which is an initial period of 3 years. If the work requires additional time to complete, you have the option to extend your O2 visa an unlimited number of times in 1-year increments.
To file for an extension, your employer must file a new I-129 on your behalf along with a copy of your I-94 arrival/departure form and a letter stating why your continued presence in the U.S. is necessary.
O-2 Visa Fees
- Basic I-129 filing fee: $1,055 plus additional fees ($530 if you are filing as a Small Employer or Nonprofit)
- Premium processing fee (optional): $2,805
- DS-160 fee (if applicable): $205
The I-129 fee is your employer’s responsibility. By law, you are not permitted to pay this fee. However, the DS-160 and fee will be your responsibility. For premium processing, you can pay the fee if it’s for your personal convenience. If your employer requires it for business needs, they must pay the fee.
Can an O-2 Visa Holder Get a Green Card?
The O-2 is a non-immigrant visa with no direct path to permanent residency. However, there are potential indirect pathways, such as being sponsored separately by an employer for an EB-class visa or through other family-based petitions.
Common O-2 visa Occupations by O-1 Visa Category
|
O-1 Category |
O-2 Example Occupations |
Purpose |
|
Arts (music, theater, dance, fine arts) |
Stage manager, choreographer’s assistant, wardrobe supervisor, lighting designer, sound engineer, makeup artist, hair stylist |
Provide essential artistic/technical support for live or recorded performances |
|
Athletics |
Coach, athletic trainer, physiotherapist, sports therapist, equipment manager |
Prepare, train, and support athlete during competitions or tours |
|
Film & Television |
Assistant director, camera operator, cinematography crew, special effects technician, key grip, gaffer |
Support film/TV production with specialized technical skills |
|
Music (tours, recording) |
Tour manager, instrument technician (piano tuner, guitar tech), live audio engineer, stage crew |
Ensure smooth execution of live performances or recording sessions |
|
Other live performance events |
Event coordinator, pyrotechnics technician, set builder, props master |
Oversee or execute technical and logistical needs specific to the O-1’s event |
Frequently Asked Questions
Can my family get visas based on my O-2 status?
Yes. Your spouse and unmarried children under 21 may be eligible for the O-3 visa. The O-3 visa allows them to accompany you to the U.S. and study, but they are not permitted to work.
Can I apply for a green card from an O-2 visa?
The O-2 visa is a nonimmigrant visa and does not have a direct path to a green card. However, your time in the U.S. may open up other opportunities for permanent residency, such as through an employer-sponsored petition or a family-based petition, if you qualify separately.
Can I work for anyone else on an O-2 visa?
No. Your O-2 status is tied directly to the O-1 beneficiary and the specific employer who filed your petition. To change jobs or work for a different O-1 holder, your new employer must file a new I-129 petition on your behalf.
What is a “written consultation” or “peer group letter”?
Answer: A written consultation is an advisory opinion from a relevant U.S. peer group (like a labor union) or an expert in your field. This letter must confirm your essential skills and your critical role in the O-1 holder’s activities. It is a mandatory piece of evidence for the I-129 petition.
How VisaNation Law Group’s O2 Visa Lawyers Can Help
VisaNation Law Group’s O2 visa lawyers are experienced in helping people through the O visa process. With a long and successful track record, our attorneys use their expertise to help you gather evidence, file, and address any unexpected issues.
To make sure that your case is in the right hands, you can fill out this contact form and schedule a consultation today.