US O-2 Visa

The O visas are a category of non-immigrant visas for individuals with exceptional abilities and a high level of education who choose to work in the United States. These visas are intended for individuals with …

US O-2 Visa

The O visas are a category of non-immigrant visas for individuals with exceptional abilities and a high level of education who choose to work in the United States. These visas are intended for individuals with a variety of skills, as well as their assistants and friends. 

In this article, you will find out about the O2 visa, its forms and conditions, the application process and other helpful information if you want to apply.

Types of O Visas

There are three different categories of O visas:

  • The O1 visa is for people who can demonstrate expertise in science, industry, education, athletics, or the arts.
  • The O2 visa is intended for workers or citizens who assist O1 visa holders.
  • O3 visa – is a visa for O1 and O2 visa holders’ spouses and children.

What is the US O-2 Visa?

The O2 visa is a nonimmigrant visa for O1 visa holders‘ assisting workers. Only those in the television, film, and athletics industries are permitted to carry their staff. Those with O1 visas in education, industry, or science cannot bring their employees with them.

Institutions in the United States accept that those with an O1 visa are extraordinarily gifted. Their ability necessitates the hiring of additional personnel who are vital to their success. As a result, their employees and assistants are extremely important and must accompany them. So, if a person who is applying for an O1A or O1B visa wants to bring their employees to the United States to help them, they can do so if the O2 visa is accepted.

The O2 visa has a direct relationship with its O1 equivalent. Since the O1 visa holder must have a job in the United States, the employer must fund both the O1 and O2 visa holders. This means that both O1 and O2 visa holders will work in the United States.

The O2 visa holder is allowed to engage in part-time study in the United States in addition to working for and assisting the O1 visa holder.

How to get the US O2 visa?

As an assistant to an O1 visa holder in athletics, film, or television, you must meet a few eligibility requirements to apply for the O2 visa:

  • You must possess the skills and expertise in performance or job necessitates that are essential for the O1 visa holder and that other workers don’t have.
  • You must be an important part of the O1 visa holder performance or work.
  • Demonstrate that you only plan to operate in the United States and that you have a residence in another country, indicating that you have links to your homeland.
  • You must be working only with O1 visa holders and not in other positions, even though they are relevant to your skills and experience.

US O2 Visa application process

Both the US employer (not the O1 visa holder) and the applicant (assistant to an O1 visa holder) must complete several steps to apply for the O2 visa. The US employer must complete the first part of the application process before the applicant can file their application at a US Embassy in their home country.

Since the O2 visa application must be initiated by the employer, you as the applicant are unable to do so.

Filling out the Job Application Form

To begin the visa process, the U.S. employer who is hiring an O1 or O2 visa holder must file a petition. The employer must submit a completed Form I-129, Application for Nonimmigrant Worker, to US Citizenship and Immigration Services for the O2 visa holder (USCIS). This form ensures that you, as an O2 visa holder, can work in the United States and assist the O1 visa holder with their work.

The Form I-129 must be sent to USCIS at least 45 days, but no more than 6 months, before the start of your jobs. The cost of filing this job petition is set by USCIS and varies from year to year. This charge, as well as all other fees associated with petitioning, are the responsibility of the employer.

Form I-129 Required Documents

The employer must also submit proof that you are a critical employee in the O1 visa holder’s job and that you have the requisite skills and experience in addition to the Form I-129. To demonstrate this, they must apply the following documents:

  • Contract between you and the holder of an O1 visa – written contracts are preferred, oral contracts may also be used. In the case of oral agreements, only a list of the key points must be submitted.
  • An opinion letter from a labor union, a peer group, or a company representative. It assures that you, as an O2 visa candidate, can do so in that role, and you will be held to be an absolute necessity for the O1 position that no other American workers are capable of performing your role. It must include information about your credentials and relationship with the O1 holder. The exception to the law of opinion is that it does not yet have a suitable union or management company in the US.
  • The work you’ll be doing with the O1 visa holder should be described in detail. The report must include the dates of the job, any accidents, and any other relevant details.

Fill the DS-160 Form

All nonimmigrant visas in the United States are processed using Form DS-160, Online Nonimmigrant Visa Application. The online form will ask you questions about your history and why you want to visit the United States. You will receive a confirmation page and code after completing it, which you must apply to your documents before sending them to the Embassy.

US O-2 Visa Interview 

If they are between the ages of 14 and 79, all visa applicants for nonimmigrant visas in the United States must attend an interview. The interview will take place with an official at the US Embassy for which you are applying. 

You must first set up an appointment for this interview. Since embassies will have heavy workloads, try to arrange it as soon as possible. Otherwise, you will end up taking too long to complete this phase. You will receive an interview confirmation letter when you arrange your interview, which you must take with you on the day of the interview.

The final move is to go to the Embassy for your scheduled interview. The official will examine your documents and ask you questions about why you are visiting the United States, as well as questions about your history. You must have a full response and demonstrate that you will return to your home country once your work is completed.

O2 Visa required documents

Compile a file with all of the evidence you’ll need to back up your argument. This file contains the following information:

  • A valid passport
  • A photo that meets the US visas photo requirements
  • The I-797 form
  • The confirmation code DS-160
  • The letter of invitation to the visa interview
  • Receipts indicating that you have paid all fees
  • Proof of a deal and past contracts with the O1 visa holder
  • Proof of your skills and expertise concerning the O1 visa holder’s job
  • If you want to bring your relatives, you must provide them with evidence of your relationship such as a marriage certificate for your spouse and birth certificates for your children.
  • Evidence that you have close ties to your home country and intend to return when your contract and visa expire. 

What are US O-2 Visa application costs?

The O2 visa has a $190 processing fee. Before you can proceed with your application, you must pay this charge, as well as any other fees that may apply depending on your country of residence. You must obtain certificates proving payment of your fees and present them to the Embassy.

US O-2 Visa processing time

The processing time for O2 visas varies by region, depending on embassy workloads. The processing time for the O category of visas is usually 2 to 3 months. Premium processing, which costs $1,225 is available if you want your visa processed quicker. The premium processing option ensures that you will receive a decision about whether or not you will be granted a visa within two weeks.

What is the O2 visa validity?

The validity of the O2 visa is inextricably linked to that of the O1. This ensures that the initial job authorization will be for three years in the United States. You can apply for an extension if the O1 visa holder has more work and wants you to continue. For O2 visa holders, USCIS provides unrestricted one-year extensions.

You can change employers if you find another employer in the United States where you can help another O1 visa holder with their jobs. Your new employer must file a new petition with USCIS on your behalf. Furthermore, if you want to work for several employers, each one must submit a petition.

Is it possible to obtain a Green Card while with the O2 visa?

It is extremely difficult to obtain a Green Card because you were supposed to provide evidence of close links to your home country and state that you will return after your work is completed. You can only obtain permanent residency if you upgrade your O2 visa to a dual-purpose visa, such as the H-1B visa. You may then apply for a Green Card with that visa. Obtaining a Green Card with an O2 visa is almost impossible otherwise.

US O2 visa Dependants

Both O2 visa holders are permitted to carry their dependents to the United States with them. The spouse and unmarried children under the age of 21 are considered dependents. They will be granted an O3 visa, allowing them to remain in the United States for the same period as the O2 visa holder. The O3 visa application may be sent at the same time as the O2 visa application or later. Your dependents can study in the United States with an O3 visa, but they are not required to work.

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