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O2 visa, or accompanying alien visa, is a non-immigrant visa that allows the dependents or assistants of individuals with O1 visas to enter the United States. The O1 visa is for individuals with extraordinary abilities in sciences, arts, education, business, or athletics. On the other hand, the O2 visa is designed for people essential to performing the O1 visa holder's job or event.
Eligibility for O2 Visa
To be eligible for an O2 visa, an individual must meet the following requirements:
- Accompanying an O-1 Visa Holder: The applicant must accompany an O-1 visa holder to the U.S., recognized as an individual with extraordinary ability in their field.
- Essentiality: The applicant must be an essential member of the O-1 visa holder's team, and their presence must be necessary to complete the O-1 visa holder's work successfully.
- Expertise: The applicant must possess critical skills and experience not readily available in the U.S. workforce.
- Temporary Stay: The applicant must only seek to enter the U.S. temporarily and have a residence abroad that they do not intend to abandon.
How to Apply for O2 Visa
The process of applying for an O2 visa is similar to that of other nonimmigrant visas. The O1 visa holder must submit Form I-129, Petition for Nonimmigrant Worker, on behalf of the O2 visa applicant.
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Employer Petition
The O-1 visa holder's employer must file a petition on behalf of the O-2 visa applicant. The petition must include detailed information about the applicant's qualifications, the nature of their work, and their essentiality to the O-1 visa holder's work.
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Supporting Documents
The O-2 visa applicant must submit supporting documents, including a valid passport, a copy of the approved O-1 visa petition, and evidence of their qualifications and expertise.
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Interview
The O-2 visa applicant may be required to attend an interview with a U.S. consulate or embassy official in their home country.
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Decision
The USCIS will examine the application and determine whether to approve or reject the O-2 visa. If authorized, the applicant will be allocated an O-2 visa and allowed to enter the U.S.
Along with the petition, the following documents must be submitted:
- A written consultation from a recognized peer group in the applicant's field of expertise.
- Evidence of the applicant's critical skills and experience.
- A statement from the O1 visa holder explains how the O2 visa holder's services are essential to their work performance.
- Proof of the O1 visa holder's status.
Once the petition is approved, the O2 visa applicant must apply for a visa at a U.S. embassy or consulate in their home country.
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O2 Visa Duration
The O-2 visa is generally granted for the same period as the O-1 visa holder's visa. It means that the visa holder can stay in the U.S. for the duration of the O-1 visa holder's stay. If the O-1 visa holder's stay is extended, the O-2 visa holder may also be granted an extension.
Key Terms for O2 Visa
- Accompanying and Supporting Role: O-2 visa holders must be coming to the United States solely to provide essential support to the O-1 visa holder.
- O-1 Visa: A nonimmigrant visa granted to individuals with extraordinary abilities or achievements in the sciences, arts, education, business, or athletics.
- Essential Support: Support that is integral to the successful performance of the O-1 visa holder's activity and that cannot be readily performed by a U.S. worker.
- Petitioner: The employer or representative who petitions for the O-1 and O-2 visas on behalf of the foreign employee.
Final Thoughts on O2 Visa
The O-2 visa is essential for individuals who possess extraordinary abilities in arts, athletics, or entertainment to work temporarily in the United States. The O-2 visa allows essential support personnel to accompany the O-1 visa holders to the United States and work in their field of expertise. The O-2 visa application process is similar to the O-1 visa, and the visa holder can enjoy many benefits.
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Meet some of our O2 Visa Lawyers
Michael O.
A corporate and commercial attorney with experience in transactional legal services including corporate and finance transactions, mergers and acquisitions, real estate, commercial contracts, bankruptcy, restructuring, international business transactions and general counsel services. Additional background skills and experience include investment banking, financial analysis, and commercial litigation. Sectors covered include technology, media, franchises, and business services providers, from start-ups to medium and large enterprises.
Namrita N.
Retired Dentist transitioned to Law, with a special interest in Commercial Real Estate, Startup businesses, Asset Purchase Agreements, and Employment Contracts. I love to help dentists and physicians with legal issues pertaining to licensing, credentialing, employment, and general business-legal questions.
August 13, 2021
Jim S.
Jim Slattery most recently served as General Counsel at Regional News Network, a large owner of broadcast television stations. Jim is an experienced attorney with broad-based expertise. He is a seasoned negotiator who has been involved in negotiations as complex as the Olympic Games. Jim spent 18 years as Vice President for Business and Legal Affairs at NBCUniversal. Previously, Jim worked in the media industry in various roles at All American Television. Jim’s success can be attributed to his ability to properly analyze data, manage projects, lead teams, develop creative solutions for complex problems, focus on strategically optimizing assets, manage/allocate risk and collaborate with divergent constituent groups to achieve objectives. Jim received a J.D. and a B.B.A. from the University of Notre Dame.
September 18, 2021
Jonathan H.
I’m an attorney focusing my practice on concierge corporate and intellectual property law for startups and high-growth companies. I also serve as outside General Counsel to several businesses in various sectors. Since founding my practice I've worked with hundreds of clients across a variety of industries. My experience as a former General Counsel of a premier edtech company gives me unique insight into the challenges my clients face and how to resolve them efficiently and cost-effectively.
August 18, 2021
George F.
The Law Office of George K. Fuiaxis, from the very beginning in 2002, has built a reputation with its clients as an unmatched, diligent, hands on law practice that is always on duty to find the best course of action for its clients. With a supreme pledge of exceptional service to its clients in the areas of Real Estate (Commercial & Residential), Loan Modifications, Intellectual Property, Corporate Law & Business Transactions, Wills, Trusts & Estates, the Law Office of George K. Fuiaxis creates solutions for the many faceted problems faced by its clients. The office represents several various clients, including well known lending institutions, foreign and domestic corporations, sellers and buyers of residential and commercial real estate, residential and commercial landlords and tenants, well known restaurant and business owners, automobile dealerships, airline companies, well known fashion, sports and entertainment industry individuals and corporations, information technology (IT) startups and well known IT companies.
August 22, 2021
Chris J.
I'm a business law generalist with over 24 years of experience, including as in-house General Counsel, as outside counsel through my own firm and as an attorney in an Am Law 100 law firm. My employers and clients uniformly appreciate my ability to (i) negotiate and close transactions quickly and effectively, and (ii) to make the complex simple. Among other things, I can efficiently assist you on entity formation, governance, and structure; HR issues; mergers and acquisitions; and the negotiation and drafting of all types of commercial contracts. I'm the proud recipient of multiple Martindale-Hubbell Client Distinction Awards given only to the top 5% of attorneys for quality of service.
August 23, 2021
Gregory W.
Strategic thinking business minded Outside General Counsel here to help you with your company. I have been able to help guide business owners from startup through series A, B, & C funding and ultimately IPO's. Regardless of your plans I am here to help you succeed as you grow your business.
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