O2 Visa for Associate of O1 Holder

A visa is legal authorization for a foreign national to seek admission to the U.S. for a certain purpose.  Visas confer a legal immigration status on nationals under U.S. law.  The application process occurs in the home country of the national, through the U.S. Embassy or Consulate.

O-2 Visa

The O-2 visa permits a person who wishes to accompany an O-1 visa holder, i.e. an artist or athlete, in order to assist in a specific event and/or performance. 

O-2 Visa Quotas by Country

There are no O-2 visa quotas.

O-2 Visa Requirements

In order to qualify for an O-2 visa, the worker must demonstrate that he or she has critical skills and/or experience with the O-1 visa holder that cannot readily be provided by an American worker, and which is essential to the success of the O-1 visa holder.  Additionally, if the O-1 visa holder has extraordinary abilities in the sciences, education, business or athletics, the O-2 visa worker must provide assistance to the O-1 visa holder that is an integral part of the O-1’s activity.  Likewise, if the O-1 visa holder has extraordinary abilities in the arts or the television / motion picture industry, O-2 requirements mandate that the O-2 visa worker’s assistance must be essential to the completion of the O-1 visa holder’s performance.

O-2 Visa Fees and Costs

O-2 costs include a nonrefundable $131.00 application processing fee.  The person applying for the visa will also be responsible for paying a nonimmigrant visa issuance fee, which varies, based on the reciprocity between the country of origin and the country that the person is seeking to enter.  This means that the U.S. will charge a visa issuance fee that is in the same amount that the foreign national’s country would charge if an American citizen was seeking a visa to enter that country. 

O-2 Visa Documents Needed

In order for an employee to obtain an O-2 visa, the petitioner must submit Form I-129, Petition for Nonimmigrant Worker with the appropriate USCIS office, in conjunction with the petition for the O-1 alien.  Additionally, the petitioner must submit a written advisory opinion from an experienced and appropriate labor organization or management organization evidencing the essential, critical skills and experience of the O2 alien.

O-2 Visa Limitations

This type of visa is available only in conjunction with an O-1 visa.

O-2 Visa Extension Rules

An O-2 visa is initially granted for a period of up to three years.  USCIS may grant extensions of the O-2 visa in increments of one year, depending on the time needed to complete the specified events and/or activities.

O-2 Visa Grace Period

There is no grace period for an O-2 visa holder.

O-2 Visa Conversion to Permanent Immigration Possibility

As a general rule, most nonimmigrant visa holders can seek adjustment of status so as to obtain permanent resident status (green card).  In the case of a O-2 visa holder, the most likely sponsor of the immigrant petition would be an employer, who files a Form I-140 – Petition for Alien Worker, on your behalf. 

O-2 Visa Family Visa Considerations

Spouses and children under the age of twenty-one of an O-2 visa applicant may be eligible to apply for an O-3 visa, subject to the same period of admission and limitations as the O-2 visa.

Help from a U.S. Immigration Lawyer

Contact an experienced immigration attorney for assistance in processing your O-2 visa application, as documentation requirements can be rather complex.