The O-2 visa is a nonimmigrant work visa designed for essential support personnel who assist O-1 visa holders in the fields of athletics, entertainment, motion picture and television production. To qualify, an O-2 applicant must demonstrate that their skills and experience are integral to the performance of the O-1 visa holder and that their assistance cannot be readily provided by a U.S. worker. The application process begins with the U.S. employer or O-1 sponsor filing Form I-129, Petition for a Nonimmigrant Worker, with U.S. Citizenship and Immigration Services (USCIS). The petition must include evidence of the O-2 applicant’s critical role in supporting the O-1 visa holder, as well as a written advisory opinion from an appropriate labor organization or peer group in the field.
Once USCIS approves the O-2 petition, the applicant must apply for an O-2 visa at a U.S. em-bassy or consulate in their home country. This process includes completing Form DS-160, paying the visa application fee, and attending a visa interview to verify their qualifications and the necessity of their role. If approved, the O-2 visa holder can enter the U.S. to assist the O-1 visa holder for the duration of the approved event, tour, or production, typically up to three years. Extensions may be granted in one-year increments if the need for their services continues. Dependents, including spouses and children under 21, can accompany the O-2 visa holder under O-3 status but are not permitted to work in the U.S.
The O-2 visa is strictly tied to the O-1 visa holder and does not provide a pathway to permanent residency. If the O-1 visa holder’s employment ends, the O-2 visa holder must also depart the U.S. or apply for a change of status. Given the stringent eligibility requirements and the need to prove an essential working relationship, applicants and their sponsoring employers should work with an immigration attorney to ensure a well-documented petition that meets USCIS standards.
