O-2 Visa: Essential Support Personnel for O-1 Visa Holders
The O-2 Visa is a non-immigrant visa for individuals who support O-1 visa holders working in arts, motion pictures, television, athletics, or entertainment. O-2 visa holders assist O-1A or O-1B professionals by offering unique skills or experience crucial to their performance in the United States.
This visa is granted for the same duration as the O-1 visa holder’s stay, typically up to three years, with extensions available in one-year increments if the work continues.
Why Apply for an O-2 Visa?
- Work Authorization: Allows essential support personnel to work in the U.S. alongside an O-1 visa holder.
- No Annual Cap: No lottery system or limit on the number of O-2 visas issued.
- Essential Personnel for O-1 Visa Holders: Reserved for professionals whose work is integral to the success of an O-1 artist, athlete, or entertainer.
- Travel Flexibility: O-2 visa holders can travel in and out of the U.S. with valid authorization.
- Family Benefits: Spouses and children (under 21) can accompany the visa holder under O-3 status (though they cannot work).
Eligibility Criteria for an O-2 Visa
To qualify for an O-2 Visa, applicants must demonstrate that they:
- Provide Essential Support: Have critical skills and experience that are essential to the performance of the O-1 visa holder.
- Have a Longstanding Work Relationship: Must show a history of working with the O-1 visa holder in a specific capacity.
- Are Not Replacing U.S. Workers: Their work must require their expertise and not be easily replicated by U.S. workers.
- Are Traveling Solely for O-1 Support: Their purpose for coming to the U.S. must be directly related to the O-1 visa holder’s work.
- Are Associated with an O-1 Visa Holder in Arts, Film, TV, or Athletics: O-2 visas are unavailable for business or science professionals (only for entertainment and athletics).
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How to Apply for an O-2 Visa
Employer or Agent Files Form I-129 with USCIS
- A U.S. employer or agent submits Form I-129 (Petition for a Nonimmigrant Worker) with documents proving the applicant’s essential support role.
- The petition must be filed alongside or after the O-1 visa petition
Submit Supporting Evidence
Documents proving that the O-2 applicant:
- Has critical experience and skills essential for the O-1 visa holder’s work.
- Has a long-term professional relationship with the O-1 visa holder.
- Cannot be easily replaced by a U.S. worker.
Wait for USCIS Approval
If approved, USCIS issues a Form I-797 (Approval Notice).
Apply for a Visa at a U.S. Embassy or Consulate
Complete Form DS-160 (Online Nonimmigrant Visa Application) and schedule a visa interview at a U.S. consulate or embassy.
- Required Documents for the Interview:
- Valid passport
- Form I-797 approval notice
- Employment contract or offer letter
- Evidence of past work with the O-1 visa holder
Enter the U.S. & Begin Work
If approved, the applicant receives an O-2 visa stamp and can enter the U.S. to work as an essential support personnel for the O-1 visa holder.