The US institutions created the O3 visa, which allows the families of O1 and O2 visa holders to come to the US and stay with them.
O3 Visa Requirements
The requirements to be eligible for the O3 visa are as follows:
- Must be a spouse or child of a O1 or O2 visa holder.
- Be the principal visa holder’s spouse or unmarried child under 21 years old.
- Be able to prove your relationship to the principal visa holder.
Supporting Documents for O3 Visa Application
For this visa, you must have the following documents:
- Your valid passport
- One photograph which follows the requirements
- Your Form DS-160 confirmation page
- Receipts that you have paid your fees
- The interview confirmation letter
- The O1 or O2 visa holder’s Form I-797
- The O1 or O2 visa holder’s copy of passport
- The O1 or O2 visa holder’s copy of the visa
- Proof of your relationship with the O1 or O2 visa holder
- If you are the spouse, then you need a valid marriage certificate
- For children, you must submit a valid birth certificate
How to apply for the O3 visa?
You can apply together with the O1 or O2 principal visa holder or after they have gotten their visa. If you do not apply together, you must wait until the US Embassy gives your spouse or parent their O1 or O2 visa and then begin the application process
Te process goes through these steps:
Step 1: Complete Form DS-160
Form DS-160, Online Nonimmigrant Visa Application, is the standard form that all non-immigrant applicants must complete. Available online, it asks for personal information and details regarding your visit purpose. Once completed, submitting the form generates a confirmation page and code, which you must include in your document file.
Step 2: Pay the Visa Fees
The visa application fee for the O3 visa is $190. This fee must be paid to proceed with your application. Additional issuance fees may apply depending on the diplomatic relationship between your home country and the US. After paying all applicable fees, you need to obtain receipts and attach them to your document file.
Step 3: Schedule Your Visa Interview
Applicants aged 14 to 79 must go through a visa interview. These interviews are conducted at the US Embassy where you are applying and must be scheduled in advance, as Embassies often experience high workloads, potentially leading to long wait times. If you are applying with the principal visa holder (O1 or O2 visa applicant), you can schedule the interview together. Otherwise, schedule your own. Once your interview is booked, you will receive a confirmation letter to bring on the interview day.
Step 4: Prepare Your Document File
Compile a document file to support your visa application. This file will be crucial during your interview as it demonstrates to the US Embassy why you should be granted the O3 visa.
Step 5: Attend the Visa Interview
Bring your document file to the visa interview at the US Embassy. During the interview, the official will ask questions about your background, education, and purpose for visiting the US. Emphasize your relationship with the primary O1 or O2 visa holder. If your spouse or parent has an O2 visa, also demonstrate your ties to your home country to assure the official you intend to return after your visa expires.
How Long is the O3 Visa Processing Time?
The processing time for the O3 visa typically ranges from two to three months. After processing, you will be informed of the decision regarding your visa. It is advised not to make travel arrangements, such as purchasing tickets, until you have received confirmation that your visa has been approved.
How Long is The O3 Visa Valid?
Since the O3 visa is a dependents visa, you are completely tied to the principal visa holder, so either the O1 or O2 visa holder. Since O1 and O2 visas are initially issued for 3 years, the validity of your O3 visa will be 3 years.
If the principal visa holder applies for an extension, you can also do the same by filing Form I-539, Application to Extend/Change Nonimmigrant Status. Extensions are given in one year increments and there is no limit on how many times you can apply.
If you want to work in the US, you can try to change your status to a visa that allows you to work. This means that if you find a job in the US, you can apply to change your O3 visa status to a different one, such as the H-1B visa. If your change of status is approved, you will not be tied to the principal visa holder, but can work in the US according to the rules of the other visa.
Can I get a Green Card with an O3 visa?
Whether you can get permanent residence in the US with an O3 visa depends on what type of O visa the principal person has. If the principal visa holder has an O1 visa, then you can all apply for a Green Card. The O1 visa holder qualifies for the EB-1 Green Card for extraordinary talents, and if they are approved, so is their family, meaning the spouse and unmarried children under 21 years old.
However, if the principal visa holder has an O2 visa, then you have been asked to establish ties to your home country and return once your visa expires. This means that neither the O2 visa holder, nor you as their dependent with an O3 visa are allowed to apply for a Green Card. To get the Green Card, you must change your status to a visa which allows dual intent, such as the H-1B visa.