O-2 Visa

What is the application process for the O-2 visa? 

To apply for an O-1 or O-2 visa, follow these steps: 

• File Form I-129: The U.S. sponsor (either a prospective employer or agent) submits Form I-129 (Petition for Nonimmigrant Worker) to USCIS, along with documentation proving the applicant’s qualifications. This should be done 45 days to 6 months before the employment start date. 

• Receive Form I-797: If USCIS approves the petition, both the sponsor and applicant receive Form I-797 (Notice of Action), which allows the applicant to proceed with their visa application. 

• Complete Form DS-160: Applicants must fill out Form DS-160 (Online Nonimmigrant Visa Application) and print the confirmation page. 

• Pay Visa Fees and Schedule Interview: Pay the necessary visa fees and schedule an interview at the nearest U.S. Embassy or Consulate. 

• Attend Interview: Bring all required documents to the interview. After the interview, the applicant will be informed if their visa is approved and can then travel to the U.S. to start employment. 

What supporting documents are needed for an O2 visa application? 

In order to qualify for an O-2 visa, the U.S. sponsor will need to submit supporting documentation that demonstrates how they are meet the requirements as essential support personnel to obtain an O-2 visa. This will include the following documents: 

• A consultation letter from an appropriate labor organization such as a U.S. labor union or management organization. If in support of an individual with extraordinary achievement in the television or motion picture industry, the consultation must come from an appropriate labor organization and a management organization that has expertise in that particular skill. 

• An opinion letter from an appropriate peer group, management organization, or certified labor organization describing the essential support person’s prior and current essential duties, critical skills, and substantial experience performing these duties for the O1 visa applicant. 

• A copy of the contract between the employer and the essential support personnel 

It should be noted that O-2 applicants who work in motion picture or television production will need to provide evidence that significant production (both pre-and post-production) took place outside of the United States and will take place inside the United States. Furthermore, the O2 applicant’s continuing participation in the production is essential to the successful completion of it. 

What documents are needed for the O-2 visa interview? 

After the O-2 visa petition has been approved, applicants will then need to attend a visa interview at their nearest U.S. Embassy or Consulate in order to obtain their visa. The supporting document which will need to be submitted to the consular officer may include the following: 

• A valid passport 

• A photograph (shot according to the US visa requirements) 

• The DS-160 printed confirmation page 

• The visa interview letter 

• Receipts showing that the visa fee has been paid 

• Form I-797 (Notice of Action) 

• A copy of the contract with the O-1 visa holder and any other previous contracts with the O1 visa holder 

• Proof of the applicant’s critical skills and experience related to the work of the O1 visa holder 

• Evidence that the applicant has strong ties to their home country (this can include property deeds, lease agreements, evidence of family or financial ties, etc) 

• Marriage certificates and/or birth certificate (if apply for an O3 visa for a dependent family member such as a spouse or unmarried children under 21) 

It should be noted that the I-129 petition will be paid for by the U.S. sponsor. The visa applicant will be responsible for paying all other O-2 visa fees. 

What is the processing time for an O-2 visa? 

Applicants can expect their O-2 visa application to be processed within 2-3 months. However, this will depend on whether or not there is a USCIS backlog to compete with as well as the workload of the U.S. Embassy or Consulate abroad to which the visa application will be processed. 

Applicants who would like a speedier response can apply for premium processing by filing Form I-907 (Request for Premium Processing Service) and paying the $2,805 fee. This service will process a visa application within 15 days.