The O2 Visa Explained: Your Options | O1 Visa Lawyer

O2 Visa General Summary

o2visa
  • O2 Visa
  • O-2 Visa
  • O1 Visa
  • Support Staff Visa
  • Extraordinary Ability

Summary of the O2 Visa

ELIGIBILITY FOR O2 VISA
  • You are accompanying an O1 Visa applicant.
  • Your job is in a support role.
  • You are an integral part of the work being done in the O1 Visa petition.
  • You possess talent in your field of work.
  • You have permanent ties to your home country.
  • You work in the field of Arts. There is no O-2 Visa for the fields of Business, Education, or Science.
LIMTIS OF O2 VISA
  • You must do only the work you applied to do.
  • You are completely tied to the O1 holder, and lose your visa when they lose theirs.
  • You must have intention to return home at the end of employment.
  • You cannot try to become a citizen while on this Visa.
  • It will not lead to permanent residency.

O2 VISA GENERAL TERMS

An O-2 Visa is a US work visa granted to the support staff of a O-1 Visa holder. The two applications must be linked, and applied for at the same time. An O-2 alien has all the benefits of an O-1 visa holder, in that they are able to work, live, and travel in the US. However, they are completely dependent on the O-1 Visa holder, and if the O-1 Visa they applied with becomes invalid, so does the dependent O-2 Visa. O-2’s are hard in that you have to apply to USCIS and prove talent and a history with the O-1 Visa holder. However, the level of talent required is lower than that of an O-1 Visa applicant. A good example of an O-2 Visa holder would be a makeup artist who was accompanying an Actor to a film shoot. Due to the extensive procedural requirements of the O-2 Visa, using an experienced O-1 Visa Attorney is highly recommended. Contact us to see how we can help you win your case.

Process to get the O2 Visa

The content of the Visa package is the same whether you are applying concurrently or after the O1 Applicant.

1. Compile your application packet with your lawyer.
2. Send out your application packet to USCIS. The decision times vary. Contact us for the latest.
3. If necessary, answer any RFE’s you receive with your lawyer.
4. Receive your approval notice in the mail.
5. Get your Visa from an Embassy
                   a. Locate a US Consulate (also known as embassy) that you can get to easily.
                   b. Make an appointment for an O Visa.
                   c. Complete the DS-160 Form online.
                   d. Schedule your appointment and pay online.
                   e. Go to Visa Interview.
                   f. Get Visa Stamped Passport in Mail.
6. That's it! Welcome to the US!

You should get an appointment time 1-2 weeks from when you book it online. At the appointment you have an interview. You will find out if you were approved at the end of the interview, and your passport will be mailed back to you with a “stamp” in it about 1 week after this interview. That stamp is your O-2 Visa.


Going to the US

The O-2 approval notice will have a start date for your work. You can travel to the US 10 days before that start date to “get settled”. You do not need to buy a return ticket.

O2 Visa Law

To qualify for an O2 visa you must be an alien with permanent ties to your home country, applying to accompany an O1 applicant in the field of arts or athletics. You must file a separate Visa Petition from the O1 holder you are accompanying. Although you must file separate visa petitions, the O2 petition must be associated to, and filed at the same time as, the O1 petition. You must be an integral part of the work being done, have talented skills in your own right, and have a history of work experience with the O1 holder. The O2 does not exist for the fields of science, business, or education.
Although the procedural filing of the O2 is the same as the O1, the contents of the O2 Visa Petition are different.

Your Petition Must Include:

Form I-129.
A contract between the employer and the alien.
An advisory opinion.

Your Petition May Include:

Letters from former employers certifying alien's extraordinary ability.
Letter from present employer certifying alien's extraordinary ability.
Letters from experts in the field certifying alien's extraordinary ability.

Requirements of the O2 visa

Include evidence which establishes:
(1) That the alien is essential to the O1 petitioner's planned job.
(2) That the alien has critical skills in their field.
(3) That the alien has substantial experience with the O1 petitioner.



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