Understanding the O-2 Visa: Requirements And Process For Assisting O-1 Visa Holders

The O-2 visa is all about helping out the super talented people who hold O-1 visas in the U.S. It’s for folks like assistants or support crew who play a big role in making their projects successful. 

This guide gives a quick rundown of what you need to know to apply for an O-2 visa and be part of amazing projects in the U.S. It’s useful for anyone, whether you’re helping out, hiring, or hoping to assist extraordinary talents.

What is an O-2 visa? 

This visa allows an individual to temporarily come to the United States by accompanying an O-1A or O-1B visa holder to assist the O-1 visa holder in a specific event or performance.

What are the Eligibility Requirements for an O-2 visa? 

To qualify for this visa, an individual must be assisting an O-1A or O-1B visa holder who is “integral” to the primary visa holder’s performance.  The Visa holder must: 

1. Be providing essential support to an O-1 visa holder in the fields of athletics, entertainment, motion pictures, or television production.
2. Have critical skills and experience with the O-1 visa holder that are essential to the O-1’s performance and cannot be readily performed by other workers.
3. Having a pre-existing, long-standing working relationship with the O-1 visa holder, or their continuing participation must be essential to the successful completion of the production.
4. Demonstrate they have a residence abroad that they have no intention of abandoning and that their stay in the U.S. will be temporary.
5. Only work with the specific O-1 visa holder they are petitioned to support, and not in any other role.

Assisting O-1B Visa Holders in Motion Pictures or Television: An individual seeking The Visa to assist a worker in the motion picture or television industry must have skills or experience with the O-1B visa holder that are not general and are critical to the O-1B visa holder’s work.  

Assistance is critical when there is either a pre-existing long-standing working relationship between the O-1B visa holder and his or her assistant, or the assistant’s continuing participation is essential to the successful completion of the production because a significant portion of the pre-and post-production work will take place both inside and outside the United States. 

What is the Process for Obtaining The Visa? 

The process for obtaining The Visa is driven by the employer of the potential O-1 visa employee who possesses the extraordinary ability and  This visa applicant will be assisting. 

Step One: Employer Files Form I-129, Petition for Nonimmigrant Worker

The first step to obtaining The Visa requires the U.S. employer, U.S. agent, or foreign employer to file Form I-129, Petition for Nonimmigrant Worker with the United States Citizen and Immigration Services (USCIS) on This visa applicant’s behalf.  Commonly, a U.S. agent who is inside the U.S. will file Form I-129 on behalf of the employer. 

When submitting Form I-129, the employer must include the required evidence showing the potential employee’s qualifications for This visa.  The employer or agent must not file the form I-129 more than one year before the date the employer needs the potential employee’s services.  The USCIS recommends an employer or agent file the form I-129 at least 45 days before the date of employment. 

Documentation Filed with the Form I-129

When submitting Form I-129, the employer, or an agent on the employer’s behalf, must provide the following documentation to the USCIS: 

• A written Consultation (advisory opinion) from an appropriate labor organization for O-1 visa applicants with extraordinary ability in athletics or the arts; 
• A written Consultation (advisory opinion) from an appropriate labor or management organization for O-1 visa applicants with extraordinary achievement in motion pictures or television;
• Evidence that establishes This visa applicant’s current essentiality, critical skills, and experience with the O-1 visa applicant;
• Evidence that establishes This visa applicant’s substantial experience performing critical skills and essential support services for the O-1 visa applicant; 
• Evidence that establishes a significant amount of the production for a specific motion picture or television show, including pre-and post-production, has taken place outside the United States and will take place inside the United States, and that This visa applicant’s continued participation is essential to the successful completion of production. 

Step Two: USCIS Processes Form I-129

Once the USCIS receives Form I-129, the employer or agent will receive the following in return: 

• A receipt notice confirming the petition was received; 
• A notice to appear for an interview, if required; 
• A biometric services notice, if applicable; and 
• Notice of the decision. 

Step Three: Employee Files Online Form DS-160 

This visa applicant who will be working for their employer in the United States must complete an Online Nonimmigrant Visa Application, Form DS-160.  This involves uploading a photo of the applicant that conforms to the U.S. Department of State photograph requirements.  Once Form DS-160 is submitted, the employee must download and print the confirmation page showing Form DS-160 was completed and the filing fee paid.  The confirmation page will need to be brought to the visa interview at a U.S. Consulate or Embassy.

Step Four: Schedule an Interview and Biometrics Appointment 

When Form I-129 is approved, the USCIS will send Form I-797, Notice of Action. This may include with it a notice to appear for an interview and a biometric services appointment.  The O-2 applicant is responsible for scheduling and appearing for his or her interview and biometrics appointment. 

Step Five: Attend Interview and Biometrics Appointment 

If requested, the O-2 applicant (assistant to the O-1 applicant) must attend an interview at a U.S. embassy or consulate, where an official will evaluate the applicant’s documentation and ask questions about why the applicant is seeking .

This visa, including about the applicant’s current essentiality, critical skills, and experience with the O-1 visa applicant as well as the applicant’s substantial experience performing critical skills and essential support services for the O-1 visa applicant. 

This visa applicant may be able to schedule the biometrics appointment to take place at the U.S. Embassy or Consulate when the visa interview is scheduled. 

Before attending the interview, the applicant should compile certain documentation to bring with them to the interview.  

Documents be brought with the visa applicant to the interview: 

• Confirmation page for Form DS-160; 
• Passport valid for travel to the United States that will remain valid for at least six months beyond the visa holder’s period of stay in the United States;
• Application fee payment receipt; 
• Contract or letter of employment that confirms upcoming employment;
• Documentation proving the O-1 applicant meets the extraordinary ability requirements for their field of artistry or athletics;
• The written Consultation (advisory opinion) from an appropriate labor organization for O-1 visa applicants with extraordinary ability in athletics or the arts or from an appropriate labor or management organization for O-1 visa applicants with extraordinary achievement in motion pictures or television;
• Evidence that establishes This visa applicant’s current essentiality, critical skills, and experience with the O-1 visa applicant;
• Documentation proving the O-2 applicant’s current essentiality, critical skills, and experience with the O-1 visa applicant;
• Documentation proving the O-2 applicant’s substantial experience performing critical skills and essential support services for the O-1 visa applicant

FAQs

Do visa holders study while in the United States? 

Yes. O-2 visa holders may study full-time or part-time while in the United States so long as the original conditions of This visa are adhered to.  If the educational program lasts longer than the period of validity for This visa, the visa holder should apply for a student visa that would permit them to remain in the United States to complete their education.  Continuing education is not a valid basis for extending This visa. 

Do visa holders change employers? 

Generally, yes. O-2 visa holders who will see any material change in the terms and conditions of their employment or eligibility must have their employer or their agent file an amended form I-129 with the service center where the original petition was filed.  The new employment must satisfy the same essentiality requirements for This visa applicant. 

Can Visa holders apply for a green card? 

Generally, no. Unlike O-1 visa holders, O-2 visa holders are not permitted to have “dual intent” when coming to the United States as a temporary nonimmigrant. Dual intent means that a visa holder must show that they are maintaining residency in their home country throughout This visa, and have no intent to abandon their residence abroad.  

For how long is This visa valid? 

This visa is valid for up to three years.  Extensions are available for up to one year; however, the exact length of time will be determined based on how long it will take an applicant to accomplish the event or activity for which they seek U.S. entry.  The Visa holder is generally permitted to remain in the United States and receive extensions for the same length of time as the O-1 visa holder they are assisting, so long as This visa holder’s assistance remains essential to the O-1 visa holder. 

O-2 visa holders may be in the United States 10 days before the beginning of their validity period, and 10 days after.  However, O-2 visa holders may only work during the validity period. 

O-2 visa holders who need to extend their stay to continue or complete the same event or activity for which This visa was approved must have their employer or agent file the following documents with USCIS:

• Form I-129, Petition for a Nonimmigrant Worker;
• A copy of your Form I-94, Arrival/Departure Record; and
• A statement explaining the reasons for the extension.

How much does it cost to get The Visa? 

The application fee when filing Form I-129 is $460, which is commonly paid by the employer.  The cost to file Form DS-160 is $160. 

An applicant can pay $2500 for premium processing, which expedites the application process.   

If The Visa holder’s employer terminates his or her employment for any reason other than the visa holder’s voluntary resignation, the employer must pay the reasonable cost of return transportation to the visa holder’s last place of residence before entering the United States. 

Conclusion 

To wrap it up, the O-2 visa is a key player for those who support the shining stars with O-1 visas. It’s designed to make sure that every project or performance in the U.S. can have the best team behind it, including those with special skills from other countries. Understanding the steps and requirements to get an O-2 visa can open the door for incredible teamwork and success in various fields. Whether you’re in the wings or behind the scenes, this visa acknowledges that every role is crucial to bringing extraordinary projects to life.