An O-2 visa is a nonimmigrant visa permitting entry to the United States for a person who has been offered a position providing essential support to an O-1 visa-holding artist or athlete. The O-2 visa holder’s role must be to assist with a specific event or performance being put on by the O-1 holder.
By way of background, a nonimmigrant visa is a document that allows a foreign national to enter the United States for a limited time and a limited purpose. While a visa does not unconditionally guarantee a foreign national’s right to enter the U.S., it does give U.S. governmental permission for the person to approach and request entry. Someone who enters on a visa then has what’s called nonimmigrant “status,” and may be able to extend or change that status without getting a new visa.
Who Qualifies for an O-2 Visa
In order to qualify for an O-2 visa, the person must demonstrate having specific (not general) skills or experience with the O-1 visa holder, which cannot readily be provided by an American worker and are integral to the actual performance.
In the case of motion picture or television productions, the O-2 applicant must have a preexisting, long-standing working relationship with the O-1 worker. If major portions of the production will take place both in and out of the U.S., O-2 support personnel must be deemed necessary for the achievement of continuity and a smooth, successful production.
Notice who doesn’t qualify for an O-2 visa: Anyone accompanying an O-1 visa holder whose job is in the field of science, business, or education.
O-2 Visa Rights and Restrictions
There are no annual limits on the number of people who may receive O-2 visas, and all O visas can be issued fairly quickly.
If you receive an O-2 visa, you may work legally in the U.S. for your employer/sponsor. The visa will be granted for the length of time necessary for a particular event, up to a maximum of three years. In addition, if requested by the employer, you may be granted unlimited extensions, for periods of one year at a time. Of course, your employer will need to prove that more time is needed to complete the specified events and/or performances.
Your spouse and children under the age of 21 may apply for O-3 visas to accompany you. They will be subject to the same period of admission and limitations as you. They may not accept paid work in the United States.
O-2 Visa Application Process
In order to obtain an O-2 visa, you must first have a job lined up with a U.S. employer. The employer must file then file a “Petition for a Nonimmigrant Worker” on Form I-129, issued by U.S. Citizenship and Immigration Services (USCIS). That petition can be filed up to one year before a scheduled event or performance, and should be filed in conjunction with the petition for the O-1 alien.
If you’re living outside the U.S., then after USCIS approves the visa petition, you will prepare some additional paperwork and take everything to the U.S. consulate in your home country to apply for O visas for you and your family.
If you’re already in the U.S. in lawful status, such as on a student or other nonimmigrant visa, the employer can use the visa petition to ask that your status be immediately changed to O worker. (But this doesn’t work if you merely entered using the Visa Waiver Program, or VWP.)
The visa petition involves more than merely filling out a form. Your employer will need to supply various documents, most importantly a consultation letter from a peer group or labor management organization with expertise in your field, stating that it has no objection to the approval of your visa; and a written statement by the employer explaining the nature of the employment, the specific events or activities you will be participating in, the beginning and end dates of your participation, and why your participation is essential to the successful performance of the O-1 visa holder.
The employer will also have a pay a nonrefundable visa petition fee.
After the visa petition is approved, you’ll need to fill out Form DS-160, Nonimmigrant Visa Application. This form must be prepared and submitted online at https://ceac.state.gov/genniv.
Next, check with your local U.S. consulate regarding its appointment procedures. All consulates insist on advance appointments, and will need to interview you before granting or issuing the visa. Even getting an appointment can take several days, or during certain times of year, several weeks, so plan ahead.
An exception is made if you’re from a “visa exempt” country such as Canada – then you can proceed directly to the U.S. with your Form I-797 petition approval notice, along with a copy of the Form I-129 visa petition.
Can O-2 Visa Holders Convert to Green Card Holders?
O visa holders are not required to maintain a residence abroad. Though you are expected to work only temporarily in O visa status, there is no penalty for attempting to immigrate at the same time. Your most likely sponsor would be your current employer, or another one.
Help From a U.S. Immigration Lawyer
You or your employer will probably want to contact an experienced immigration attorney for assistance in processing your O-2 visa application. The documentation requirements can be rather complex, and an attorney can help deal with delays or bureaucratic mixups (which are unfortunately common).
