O-2 Visa for Assistants of O-1 Visa Holders
O-2 visas are for individuals who will assist in a specific event or performance and will therefore need to accompany an O-1A visa holder to the United States. The O-2’s assistance must be an “integral part” of the O-1A’s activity for an individual to be considered to accompany an O-1A visa holder. To obtain an O-1B visa, the O-2’s help and assistance must be determined as “essential” to the completion of the O-1B’s production. Essentially, the O-2 worker must have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker. These skills must be necessary to the successful performance of the O-1 visa holder’s activities here.
Am I eligible to obtain an O-2 status visa?
To qualify for O-2 status, the petitioner must be able to establish that you have met the requirements necessitating an O-2 visa. The petitioner must provide USCIS with the following evidence:
- your current essentiality, skills and experience in supporting the O-1 beneficiary and evidence of prior experience working with the principal O-1 visa applicant.
- significant production work has taken place outside the U.S. and will continue in the U.S. and that your continuing participation is critical to the success of the production.
- That you maintain a foreign residence that you have no intention of abandoning.
- consultation with an appropriate peer group that can attest to the O-2 alien’s qualifications and necessity. The only exception to the consultation requirement would be if the petitioner can demonstrate that an appropriate peer group does not exist.
What is the application process for an O-2 visa?
The petitioning employer must file a petition with USCIS for the O-2 visa. The Petition for Nonimmigrant Worker for an O-2 visa must be petitioned in conjunction with petition for the O-1 artistic applicant. The petitioner may not file the petition more than one year before the O nonimmigrant applicant will begin employment. The petition should be filed at least 45 days before the date of employment to avoid delays in entering the country. If you would like assistance in applying for an O-1 visa or an O-2 visa in conjunction with an O-1 please call or email our experienced Los Angeles immigration attorneys at JCS Immigration and Visa Services. [LINK TO CONTACT JCS]
Once the visa petition is approved for the O-1 and O-2 by USCIS, the beneficiary can apply at a U.S. embassy or consulate for the visa. The appropriate fees and applications need to be submitted for the actual visa.