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An O-2 work visa is designated for nonimmigrants who operate as supporting personnel of travelers holding O-1 visas. These individuals commonly work in fields like entertainment, athletics and film production. This visa grants these individuals the opportunity to enter the United STates and to work in these fields.
Who Is Eligible for the O-2 Visa?
Let’s say that an O-2 applicant may be working alongside somebody working in film production. This co-worker opts to obtain an O-1 visa to work in the United States and requires that the O-2 applicant accompany her. This O-2 applicant performs essential tasks that the O-1 visa applicant cannot work without.
Individuals working in fields like entertainment and sports are welcome to use the O-2 visa option; however, those working in science, education and business are not typically eligible. Individuals applying for the visa must also demonstrate that that are integral for the performance of an individual holding an O-1 visa.
In order to qualify for the O-2 visa, you must prove that you wish to maintain a foreign residence and that your work is temporary. You must also work only with the O-1 visa applicant you name in your application. A visa or immigration lawyer can help to ensure that you understand these requirements for eligibility.
What Can I Do with an O-2 Visa?
A O-2 visa allows you to enter and leave the United States throughout the length the visa is valid. You may go in and out as often as you wish. It also allows you to apply for an O-3 visa for relatives who you want to accompany you. While you are in the United States, you are also eligible for part-time study.
With the O-2 visa, you may stay in the United States for the length of time determined on the visa. The length of time is not to exceed three years. During this time, you may apply for an extension of stay in increments of up to one year. An attorney can help you follow the steps properly to apply.
How Can I Obtain an O-2 Visa?
Obtaining an O-2 visa has three different steps. First, you must obtain an advisory opinion, which often comes from a labor organization or management group. You must then obtain approval from United States Citizenship and Immigration Services before receiving the visa from the consulate.
What Documents Do I Need to Apply for a O-2 Work Visa?
Your employer in the United States must file a Form I-129 on your behalf with the center servicing their region. This is a visa application designed for nonimmigrant workers.
Your petition must also include evidence suggesting that you are essential to the tasks performed by the O-1 visa applicant. You must also include a written contract that details the terms between you and your employer. You also need to explain the activities and dates during which you will be performing.
You must also possess a recent photograph that is two inches square, clearly showing your face against a light background.
As a visa applicant, you must have a passport that is valid for travel to the United States for six months passed the length you intend to visit the country.
It is also important to show that you intend to return to your home country. You must not give the visa officials reason to believe you intend to abandon your country to live in the United States on a nonimmigrant visa.
A helpful attorney can help you compile all the documents necessary, ensuring that you have gathered everything you need to be granted approval.
Who Files the O Visa Petition?
Those seeking Class O visas are not allowed to submit a petition on their own. An employer or agent working in the United States must file the petition with the USCIS Service Center in the region where the applicant will be working.
Can the O-2 Visa Applicant Bring Family to the United States?
Yes. Family members, including children and spouses, are eligible to come to the United States with the O-2 visa applicant. They may do so with an O-3 visa. These individuals must demonstrate that they are dependants with a family relationship to the O-2 visa applicant. These dependents are not eligible to work in the United States, but they may attend school.
How Can An Attorney Help a Visa Applicant?
If you are a visa applicant, an attorney can help you establish accurate documents and ensure that you are on the right track to approval. Your attorney can contact your employer to facilitate sponsorship as well as to help collect recommendation letters. A lawyer can draft a letter detailing your qualifications and revise petitions to meet the standards of a typical visa. Ultimately, hiring an attorney for these reasons and many more can help to ensure that your visa is approved.