The O2 visa is a nonimmigrant visa for the assisting staff of the O1 visa holders.
O2 Visa Requirements
To qualify for the O2 visa, you as the assistant of the O1 visa holder in athletics, film, or television, must fulfill a few eligibility criteria:
- Be a critical member of the performance or work of the O1 visa holder.
- The O1 visa holder must have a job in TV, film, and athletics.
- Have the skills and experience which the O1 visa holder’s performance or work requires, which cannot be found in other workers.
- Work with people who have a valid O1 visa and not in other jobs, even if they are related to your skills and experience.
- Prove that you intend to only work in the US and that you have a residence in another country, so you have ties to your home country.
Supporting Documents for an O2 Visa Application
The file of supporting documents includes:
- Your valid passport
- A photograph according to the Photo Requirements for US visa
- The DS-160 confirmation code
- The visa interview letter
- The receipts that you have paid all fees
- The Form I-797
- Proof of a contract with the O1 visa holder and previous contracts with them
- Proof of your skills and experience related to the work of the O1 visa holder
- Proof that you have strong ties to your home country and you intend to return once your contract and visa expire. This could be a property deed or apartment lease.
- If you are planning to bring your family, you must submit proof of your relationship to them (marriage certificate for your spouse and birth certificates for your children).
How to apply for the O2 visa?
The first part of the application process has to be initiated by the US employer, and then the applicant can file their application at a US Embassy in their home country. The process goes through these steps:
Step 1: File the Employment Petition
For the O2 visa holder, the employer must send a completed Form I-129, Application for Nonimmigrant Worker, to the US Citizenship and Immigration Services (USCIS). This form ensures that you, as the O2 visa holder, can work in the US and assist the O1 person with their work.
The Form I-129 must be sent to USCIS at least 45 days, but no more than 6 months before your employment begins. There is a fee for filing this employment petition which is determined by USCIS and varies year by year. The employer is responsible for this fee and any other fees associated with petitioning.
Besides the Form I-129, the employer must also send proof that you are a critical employee in the work of the O1 visa holder and that you have the necessary skills and experience. This includes:
- An opinion letter from a certified labor organization, peer group, or management organization that confirms your qualifications and the critical nature of your role in the O1 visa holder’s work.
- A contract between you and the O1 visa holder (written contracts are preferred; oral agreements require a summary of main points).
- A description of your work with the O1 visa holder, including dates, events, and relevant details.
Once the petition and supporting documents are sent, USCIS will review and issue a decision. If approved, you and your employer will receive Form I-797, Notice of Action, enabling you to start the process at a US Embassy in your home country.
Step 2: File Form DS-160
The online form will include questions regarding your background and purpose for visiting the US. Upon completion, you will receive a confirmation page and code to attach to your documents for submission to the Embassy.
Step 3: Pay the Visa Fee
The application fee for the O2 visa is $190. This fee, and any other related fees that may apply based on your country of residence, must be paid before proceeding with your application. Be sure to obtain receipts proving fee payment to present at the Embassy.
Step 4: Schedule Your Visa Interview
Once scheduled, you will receive a confirmation letter for the interview, which you must bring with you. Schedule your interview at the US Embassy as soon as possible, as high workloads may lead to delays.
Step 5: Gather Necessary Documents
Compile a file with all necessary documents to support your visa application.
Step 6: Attend Your Interview
The official will review your documents and ask questions about your purpose in the US and your background. Answer thoroughly and aim to demonstrate that you intend to return to your home country after your work is completed.
What is the O2 Visa Processing Time?
A standard processing time for the O group of visas is 2 to 3 months. If you want your visa processed faster, you can choose to pay for premium processing which costs $1,225. The premium processing means that you will get a response on whether you get the visa or not in 2 weeks.
How Long is the O2 Visa Valid?
The O2 visa validity is directly tied to the O1 visa. This means that your initial approval will be for 3 years of work in the US. However, if the O1 visa holder has more work and needs you to stay, you can apply for an extension. USCIS offers unlimited extensions of 1 year increments for O2 visa holders.
If while you are in the US, you find another employer where you can assist another O1 visa holder with their work, you can switch employers. Your new employer must file a new petition for you at USCIS. Additionally, if you want to work for more than one employer, each one must file a petition.
Can I get a Green Card with an O2 Visa?
Since during your application time, you were required to hand in proof of strong ties to your home country and state that you will return once your work is done, it is very difficult to get a Green Card. The only way through which you can gain permanent residence is if you change your visa from an O2 to a dual intent visa, such as the H-1B visa. With that visa you can then apply for the Green Card. Otherwise, it is close to impossible to get a Green Card with an O2 visa.
Can I bring my dependents with an O2 visa?
All O2 visa holders are allowed to bring their dependents with them to the US. Dependents are the spouse and unmarried children under 21 years old. They will get an O3 visa to stay in the US for as long as the O2 visa holder will stay. Applications for the O3 visa can be made at the same time as the O2 visa application or afterwards. With an O3 visa, your dependents can study in the US, but are not allowed to work.