Visa-Faq.com

can o2 visa work

by Dr. Lessie O'Keefe Published 2 years ago Updated 1 year ago
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O-2 visa holders must work in the US in support of the principal O-1 visa holder while in the US. They are also allowed to enter and re-enter the US as many times as they like during the validity of their visa, provided the reason for travel relates to the purpose of the visa.

What is an O2 visa?

The O2 visa is a nonimmigrant visa for the assisting staff of the O1 visa holders. Only those who work in TV, film, and athletics are allowed to bring their personnel. Those who have O1 visas in education, business, or science are not entitled to bringing their staff with them.

Can an O1 visa holder work in the US?

The O1 visa holder must have a job in the U.S, so that employer will have to sponsor both the O1 person as well as the staff with an O2 visa. This means that both the O1 and O2 visa holders will be employees in the U.S.

Can I change employers on O2 visa?

As a holder of the O2 work visa, you have the right to change employers. Nevertheless, in this case, the new employer must file another petition. Concurrently, one has to apply for an O2 extension of stay with the USCIS.

Can a O-2 visa holder bring a child?

All O-2 visa holders are allowed to bring their dependents with them to the U.S. Dependents are the spouse and unmarried children under 21 years old. They will get an O-3 visa to stay in the U.S for as long as the O-2 visa holder will stay.

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What type of visa is a O2?

O2 nonimmigrant visa categoryThe O2 nonimmigrant visa category exists for aliens who are seeking to enter the United States temporarily and work by accompanying and assisting the artistic or athletic performance of an O1 alien of extraordinary ability.

Can O 3 visa holders work?

Employment on O-3 dependent visa: Individuals holding O-3 visa are not allowed to work in the U.S. If they wish to earn income in the country, they must obtain a US work visa – a temporary approval to live and work in the U.S.

Can spouse of O-1 visa work?

Unfortunately, O-1 spouses are not permitted to work in the United States. Taking up employment will be a violation of your visa status and may affect your stay, leading to heavy penalties under immigration law. If you want to work, you will need to change your status to a work visa category, such as an H-1B.

Who is eligible for O2 visa?

To qualify for an O-2 visa, your assistance must be an “integral part” of the O-1A visa holder's performance and you must have critical skills and experience with the O-1 visa holder that are not of a general nature and cannot be readily performed by a U.S. worker.

Can O-1 visa apply for green card?

Unlike most temporary US work visas, the O-1 visa offers holders a path to a Green Card. You can do this by making an application to change your status from O-1 to permanent resident, provided you meet the Green Card eligibility requirements.

Can I get SSN with o3 visa?

O-3 visa holders cannot get social security numbers or work.

What is considered a high salary for O-1 visa?

Due to the nature of these fields, wages and salaries may fluctuate throughout the course of their careers. One client may be anticipating $12,000 per year whereas another may be expecting 1 million dollars. The government knows this and therefore there is no minimum salary requirement for O-1 visa applicants.

Is O-1 visa better than H-1B?

The H-1B visa is a good fit for foreign nationals in the early to mid-stages of their careers who hope to expand their experience by working in the U.S. The O-1 visa, on the other hand, is generally suited for people who have already advanced in their profession.

Do you need a job offer for O-1 visa?

Qualification Criteria for an O-1 Visa or Status. O-1 visas are available to people who have not only a job offer in the U.S., but proven extraordinary ability in the sciences, arts, education, business, or athletics.

Can you apply for a green card with an O2 visa?

However, should an O2 visa holder be considering a longer term move to the US, and ultimately permanent residence, it will require a change of status from the O2 category into a classification that does provide a path to a US Green Card, such as an H-1B visa.

Can I get a SSN with an O2 visa?

Applying for an SSN requires a personal visit to a Social Security Administration (SSA) office within the United States. Any artist who receives work authorization from the United States Citizenship and Immigration Services (such as an “O” or “P” visa) is eligible to receive an SSN.

How long is an O-1 visa good for?

three yearsThe O-1 visa may be valid for an initial period of three years and may be extended indefinitely in one-year increments. J-1 visa holders may be able to obtain an O-1 visa even if they are subject to the two-year home residency requirement.

Can O3 apply for EAD?

The only restriction associated with the O3 visa is that you are not legally allowed to work in the United States since you're ineligible for EAD (Employment Authorization Document).

Is O-1 visa better than H-1B?

The H-1B visa is a good fit for foreign nationals in the early to mid-stages of their careers who hope to expand their experience by working in the U.S. The O-1 visa, on the other hand, is generally suited for people who have already advanced in their profession.

Is O-1 an immigrant visa?

The O1 visa for the US is a non-immigrant type of visa, which is issued to foreign nationals who have exceptional abilities or achievements in their field. Because it is aimed at individuals in science, education, or the arts, it is also referred to as an extraordinary ability visa or an artist's visa.

Can spouse of H-1B visa work in US?

Spouses of H-1B visa holders can work or start a business in the US provided their spouse's H1B visa is valid. H-4 visa holders looking to take up paid employment must first apply for an employment authorization document (EAD) to allow them to work in the US.

1. What is O-2 work visa?

The O-2 work visa is a nonimmigrant visa which allows essential support personnel of O-1 visa holders in the fields of athletics, entertainment, mo...

2. Who is eligible for O-2 visa?

To be eligible for O-2 visa, you must prove that you: Are an integral part of the actual performance of the O-1 principal Have critical skills and...

3. What privileges do I enjoy on O-2 work visa?

On O-2 visa, you may: Receive your visa quickly Travel freely in and out of the U.S. for the term of the visa Apply for O-3 visas for accompanyin...

4. What are the limitations of O-2 visa?

On O-2 visa, you must: Prove that you maintain a foreign residence that you do not intend to abandon Prove that your work in the U.S. is temporary...

5. How long can I stay in the U.S. on O-2 work visa?

You may stay in the U.S. on O-2 visa for the period of time determined to be necessary to assist the O-1 principal to accomplish the event or act...

6. Can I extend my stay while on O-2 visa?

Yes, you may apply for extension of stay on O-2 visa. Extensions may be authorized in increments of up to one year to continue or complete the sa...

7. Can I appeal a denial of extension of stay on O-2 status?

No, you may not appeal a denial of extension of stay on O-2 visa.

8. Can I study on O-2 work visa?

Yes, you may engage in part-time study while maintaining O status.

9. Are there any travel restrictions on O-2 visa?

No, the Department of State does not impose any restrictions on the number of times you may travel in and out of the U.S.

What Is an O2 Visa?

The O2 visa is a nonimmigrant visa category designated for foreigners that want to enter the US temporarily. It is created specifically for people accompanying aliens with excellent performance in fields such as entertainment, athletics, television production, motion picture, and so on. That is to say, the O2 visa is dependent on the status of the O1 visa holder, so to speak.

What are the benefits of an O2 visa?

This gives you peace of mind and freedom.

Who Is Eligible for an O2 Visa?

As pointed out beforehand, the O2 visa is addressed to assisting people or the personnel people of the O1 visa holders. Check out the section regarding the O2 visa requirements for more details on this matter.

What is the form I-129?

Regarding the application process for the O2 visa, note that your US employer is required by law to file an official document – form I-129 – also referred to as Application for Nonimmigrant Worker. The employer has to do this on your behalf in order for your petition to be approved.

What happens if you are terminated from a job due to reasons excluding resignation?

If the employment is terminated, due to reasons excluding resignation, then the US employer is responsible for covering the costs of the return to the home country.

How much does it cost to get a visa?

As part of the application process, you need to pay a visa fee, which is $460. You have to pay this in order to continue with your application. Make sure you keep the receipts indicating that you have made the payments, as they are necessary.

How long does it take to get an O2 visa?

The workload of your home country’s embassy will matter in this respect as well. But the standard processing time would be between two to three months. There is also the alternative of having your application processed faster. But this comes at the cost of an additional fee. If the situation is urgent, you might consider paying the fee.

How to apply for an O-2 visa?

The O-2 visa application process involves several steps. Your U.S. employer (the person sponsoring the O-1 visa and O-2 visa) must file an employment petition. Once that employment petition has been filed and approved, you can proceed with the remaining O-2 visa application steps.

How Long Does My O-2 Visa Last?

The O-2 visa’s validity period is tied directly to the O-1 visa. You will initially be approved to work for three years in the United States on a typical O-2 visa. However, the O-2 visa can be extended – say, if the O-1 visa holder plans to continue working in the United States.

How Long Does It Take to Process an O-2 Visa?

embassy. Typically, visas in the O category, including O-1, O-2, and O-3 visas, can take anywhere from 4 to 12 weeks to process.

What happens if I send an I-129 to USCIS?

Once the employer has sent the form I-129 petition and supporting documents to USCIS, your O-2 visa application will enter the review period. USCIS will then decide to accept or deny the petition. If the petition from your employer is approved, then you and your employer will receive Form I-797, Notice of Action. At this point, you can proceed with the rest of the visa application process.

What should be included in an I-129 petition?

Opinion Letter from a Labor Organization or Similar Group: Your form I-129 petition should include an opinion letter from a certified labor organization, peer group, or management organization. The letter should describe how your work is instrumental to the success of the O-1 visa holder. The letter should also explain that there are no available employees in the United States who can fulfill that role. The letter may list your unique skills and experience, for example. If your line of work does not have a peer group, labor organization, or similar group, then you may be exempt from this requirement.

What is an O visa?

O visas are a group of non-immigrant visas that allow individuals with extraordinary abilities, skills, or education to work in the United States. The visas include those with exceptional ability in business, science, athletics, or art, for example.

Can an O-2 visa holder get a green card?

There are certain circumstances where an O-2 visa holder can establish permanent residence in the United States and get a green card. If you find an employer willing to sponsor you for an H-1B visa, for example, then you may be able to establish lawful permanent resident status. Alternatively, you can marry a U.S. citizen and change your immigration status.

What is an O-2 visa?

The O-2 work visa is a nonimmigrant visa which allows essential support personnel of O-1 visa holders in the fields of athletics, entertainment, motion picture and television production to enter into the U.S. and engage in official activities. This status is not applicable to personnel in the sciences, business or education.

What do you need to be eligible for an O-2 visa?

To be eligible for O-2 visa, you must prove that you: Are an integral part of the actual performance of the O-1 principal. Have critical skills and experience that are not of a general nature and cannot be performed by other individuals.

How long can I stay in the US on an O-2 visa?

on O-2 visa for the period of time determined to be necessary to assist the O-1 principal to accomplish the event or activity, not to exceed three years. You may be admitted to the U.S. for the O-2 visa validity period, plus a period of up to ten days before ...

What happens if you are terminated for reasons other than voluntary resignation?

If the employment is terminated for reasons other than voluntary resignation, the U.S. employer is liable for reasonable cost of return transportation to your last place of residence prior to entry into the U.S.

What is an O-1 contract?

Contract between O-1 principal and yourself setting out terms and conditions of services to be rendered

Can dependents work in O-3?

No, dependents in O-3 status may not work.

Can an O-2 change employers?

Note: An O-2 foreign national may change employers only in conjunction with a change of employment by the O-1 principal.

What is an O-2 visa?

The O-2 visa is available to individuals looking to accompany an O-1 visa holder to the US to assist with their reason for travel, such as specific events or performances.

What are the eligibility criteria for an O2 visa?

Consideration of the O2 visa eligibility requires a more detailed look at the O1 visa classification. Specifically, that the O-1 comprises two distinct categories: the O-1A visa and the O-1B visa.

How long does an O-2 visa last?

Given that an O2 visa is directly tied to the permission granted to the O1 visa holder, the length of the O2 visa will ordinarily be determined by the period of leave granted to the O-1 visa holders and the nature of the engagements to be undertaken by the O1 athlete or artist.

What O-2 supporting documents will be needed?

labor union or management organisation – additional evidence is required to support the petition for the O2 beneficiary.

What evidence is needed to establish the current essentiality, critical skills and experience of the O2 beneficiary for the O1?

In particular, the petitioner must also submit evidence by way of a consultation document or letter of opinion from a labor union or management organisation to establish the current essentiality, critical skills and experience of the O2 beneficiary for the O1 beneficiary, and that the O2 beneficiary has substantial experience performing those skills and essential support services for the O1 athlete or artist.

What questions are asked during an O2 interview?

During the interview, the O2 visa applicant will be asked various questions regarding, for example, their reason for visiting the United States and intent to return to their country of residence at the end of their visit. The applicant will also need to be prepared to explain in detail the nature of their work with the O1 visa holder, together with the extent of their skills and experience.

What do you need to show in an O2 interview?

The O2 worker will need to show in their application and interview that they possess critical skills and experience that cannot be readily performed by a US worker, and which are essential to the successful performance of the O1 athlete or artist.

How to get an O2 Visa?

Before you begin the O2 Visa application process, remember that your US employer, by law, has to file an official document.

What to do before applying for an O2 visa?

Therefore, before you apply for an O2 visa, consult with and retain an experienced immigration attorney. This attorney will assist you by assessing the proposed employment offer and the credentials of the intended petition beneficiaries.

What is the first requirement for an O2 visa?

The first of these O2 Visa requirements is that you should play an important role in the work or performance of the O1 visa holders.

What documents are needed for an O2 visa?

Also, there are documents you have to provide when applying for the O2 Visa; A visa application form (DS-156) and a passport valid for your entire stay in the US.

How long does it take to get an O2 visa?

The O2 Visa processing time varies from country to country. The country you apply from determines how long it takes. Also, how much work your home country’s embassy has on their hands plays a role.

Can an O2 visa be used for an O3 visa?

Holders of O2 visas can apply for O3 visas on behalf of any accompanying relatives.

Is an O2 visa employer specific?

Furthermore, it would help if you understood that the extension is granted in yearly increments. This is because the O2 visa is considered to be employer-specific.

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.

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.

Your Petition May Include

Letters from former employers certifying alien's extraordinary ability.

How to qualify for an O-1 visa?

To qualify for an O-1 visa, you must demonstrate extraordinary ability by sustained national or international acclaim, or a record of extraordinary achievement in the motion picture and television industry, and must be coming temporarily to the United States to continue work in the area of extraordinary ability.

What is an O-1 visa?

The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those achievements.

How to change employers on O-1?

If you are an O-1 nonimmigrant in the United States and want to change employers, the new employer must file Form I-129 with the USCIS office listed on the form instructions. If an agent filed your original petition, your new employer must file an amended petition with evidence showing they are your new employer and a request for an extension of stay.

What is an O-1B?

The O nonimmigrant classification are commonly referred to as: O-1A: Individuals with an extraordinary ability in the sciences, education, business, or athletics (not including the arts, motion pictures or television industry); O-1B: Individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture ...

How long can an O nonimmigrant stay in the US?

As an O nonimmigrant, you may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. You are only authorized to work during the validity period of the petition.

Who should file an I-129?

A U.S. employer, U.S. agent, or foreign employer through a U.S. agent should file (see Form I-129, Petition for Nonimmigrant Worker) on your behalf, along with the required evidence according to the form instructions.

Who must provide a written advisory opinion from a peer group?

The Petitioner must provide a written advisory opinion from a peer group (including labor organizations) or a person with expertise in the beneficiary’s area of ability. If the O-1 petition is for an individual with extraordinary achievement in motion picture or television, the consultation must come from an appropriate labor union and a management organization with expertise in the beneficiary’s area of ability.

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