The O-2 visa category is reserved for those looking to accompany O-1 visa holders to the U.S. O-2 visas are intended for those working in the roles of support personnel for O-1 visa holders in the fields of athletics, entertainment, motion picture, and television production. In order to be granted an O-2 visa, specific requirements must be met. We discuss those requirements in more detail here.
What are the requirements for an O-2 Accompanying Alien Visa?
First and foremost, an O-2 applicant is not permitted to work apart from the O-1 visa holder or applicant. The O-2 applicant must petition for the visa in conjunction with the services of the O-1 alien. The O-2 visa applicant must also have specific skills and experience with the O-1 visa holder and the two must have a pre-existing and long-standing work relationship regarding the specific production that will take place inside and outside of the U.S. the O-2 applicant must be engaged in work on the production that is essential to the projects’ successful completion.
There is also a consultation certification requirement associated with a petition for an O visa. A union with expertise in the field of production is usually appropriate. The consultation will likely consist of the union’s opinion about the nature of the proposed work as well as the visa applicant’s qualification for participating in the production. In the alternative, the union may simply submit a letter of no objections. Should an O-2 petition have multiple beneficiaries, consultations with more than one union or consultation organization may be required depending on the job categories involved in the application.
It is also required that O-2 applicants come to the U.S. temporarily. The applicant is required to maintain a residence abroad that they do not intend to abandon. This requirement is different from that of O-1 applicants. O-1 visa applicants and holders are permitted to seek permanent residency in the U.S. without jeopardizing their stay or their ability to extend their stay in the U.S.
Fairly extensive documentation is also required for O-2 visa applicants. Documentation that an applicant is required to submit to the U.S. document includes:
- A completed Form DS-160; and
- A recent 1.5-inch photograph of each applicant (face must be visible and taken in front of a light background with no head covering); and
- A valid passport (that will remain valid for at least 6 months longer than the intended stay); and
- An official agreement detailing the terms and conditions of the services to be provided; and
- An official agreement between you and the O-1 visa holder proving the professional relationship; and
- Proof that you have the ability to assist the O-1 visa holder; and
- Proof that you will return to your home country (referred to as the establishment of nonimmigrant intent).
Immigration Law Attorneys
If you should have any questions or need more information about the ways in which the U.S. and Canadian Immigration and Nationality Laws may impact you, your family, your friends or your colleagues, please contact us at the NPZ Law Group – VISASERVE – U.S. and Canadian Immigration and Nationality Lawyers by e-mailing us at info@visaserve.com or by calling us at 201-670-0006 (x104). You can also visit our Law Firm’s website at www.visaserve.com.