The O2 visa is a nonimmigrant (temporary) visa for essential support personnel who will accompany and assist an O1A athlete or an O1B artist in a specific event or performance in the United States. For example, an O1B solo musician and an O2 supporting backup singer coming to the United States to perform at a music festival. The O2 visas cannot be used for support staff of O1A workers in the fields of science, business, or education. An O1 visa petition must be filed before or with the O2 visa petition which means that the O2 visa is dependent on the O1 visa.
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Table of Contents
There are 2 types of essential support personnel: the essential support staff for O1A Athletes or an O1B Artists and the essential support staff for O1B MPTV (motion pictures or television) workers.
The original statutory wording for qualified persons for O2 visas can be found in 8 CFR 214.2(o)(4).
Essential Support Personnel of Extraordinary Ability O1A Athletes or O1B Artists
A qualified O2 support staff for an O1A athlete or an O1B artist of extraordinary ability must be a person who (1) is an “integral part” of the O1 worker’s artistic (O1B visa) or athletic (O1A visa) performance, (2) is solely entering the United States to assist the O1 visa worker’s performance, (3) has critical skills and experience with the O1B artist or the O1A athlete that are not of a general nature and are not possessed by a U.S. worker.
Being an integral part of the extraordinary ability O1A athlete or O1B artist’s performance is when the O2 visa worker provides direct support to the O1 worker and not when they perform typical managerial or administrative duties that are general in nature such as scheduling, coordinating, developing vendor relationships, maintaining profit margins.
Essential Support Personnel of Extraordinary Achievement O1B MPTV (Motion Pictures or Television) Workers
A qualified O2 support staff for an extraordinary achievement O1B MPTV (motion picture or television industry) worker must (1) have skills and experience with the O1B MPTV worker that are not of a general nature and are critical based on either (2a) their pre-existing longstanding working relationship with the O1B MPTV worker, or (2b) a connection with a specific production where significant production (includes pre- and post-production) will be done both in the United States and abroad and the continued participation of the O2 worker is essential to successfully complete the production.
The initial O2 visa grants a period of stay for up to 3 years depending on the end date submitted for the O1 visa worker. The O2 visa holder is allowed to enter the United States 10 days before the start date and stay an additional 10 days after the end date. However, the O2 worker cannot work in those additional 20 days. Unlike O1 visas, there is no 60-day grace period of authorized stay in the United States for O2 worker’s if their employment is terminated before the visa end date.
Renewals of the O2 visa (extensions of stay) may be granted for up to 1 year depending on how long the O1 visa worker needs to finish their initial event or activity. There is no maximum time limit on how long a person can be on an O2 visa status and there is no limit on how many times the O2 visa can be renewed (extended), however, it is affected by how long the O1 visa worker needs to complete the initial event or activity.
The requirements differ between the O2 essential support staff for extraordinary ability O1A athletes or O1B artists and the O2 essential support staff for extraordinary achievement O1B MPTV workers.
The original statutory wording for the evidentiary requirements of the O2 visas can be found in 8 CFR 214.2(o)(4)(ii).
Essential Support Personnel of Extraordinary Ability O1A Athletes or O1B Artists
The O2 visa for the support staff of an O1A athlete or an O1B artist of extraordinary ability has three main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the person (1) is an “integral part” of the O1 worker’s artistic (O1B visa) or athletic (O1A visa) performance, (2) is solely entering the United States to assist the O1 visa worker’s performance, (3) has critical skills and experience with the O1B artist or the O1A athlete that are not of a general nature and are not possessed by a U.S. worker.
Documents Required for the O2 Work Visa Requirements (Essential Support Personnel of Extraordinary Ability O1A Athletes or O1B Artists)
- (A)
- The person is coming to the United States to assist the O1A athlete or the O1B artist’s performance
- (A)
- The person is coming to the United States to assist the O1A athlete or the O1B artist’s performance
The O2 visa work petition requires the support staff to assist the O1A athlete or the O1B artist’s performance in the United States.
Consultation (Written Advisory Opinion)
A written advisory opinion for O2 workers of O1A athletes or O1B artists must be provided and it must come from an appropriate labor organization. The content of the written advisory opinion (consultation) should include (1) a description of the O2 worker’s essentiality to the O1A athlete or an O1B artist, (2) their working relationship, and (3) whether there are available U.S. workers who can perform the support that the O2 worker is offering.
Alternatively, a consulting organization can choose to submit a letter of no objection instead of issuing an advisory opinion if it has no objection of the O2 visa petition being approved. Advisory opinions are not binding on the USCIS and labor unions can submit negative consultation letters directly to the USCIS. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the O2 visa petition being approved).
AND
AND
- (B)
- The O2 worker has critical skills and experience with the O1A athlete or the O1B artist that is not of a general nature, and the skills are not possessed by a U.S. worker
- (B)
- The O2 worker has critical skills and experience with the O1A athlete or the O1B artist that is not of a general nature, and the skills are not possessed by a U.S. worker
The O2 visa work petition requires the support staff to have critical skills and experience that is not of a general nature with the O1A athlete or the O1B artist (and those skills cannot be possessed by a U.S. worker). Evidence can include but is not limited to:
- Newspaper articles
- Trade publications
- Documentation that shows the wages paid to the O2 visa worker are from the same employer as the O1 visa worker
- Passport pages that show the O2 visa worker and the O1 visa worker have traveled together in the past
- Photographs of the O2 visa worker with the O1 visa worker
- Letters from individuals or organizations that have expertise in the O2 visa worker’s field. The content of the documentation should include a description of the O2 visa worker’s critical skills and experience with the O1 visa worker, the nature of the duties to be performed, and an explanation of the reasons why a U.S. worker cannot perform the O2 visa worker’s duties.
Essential Support Personnel of Extraordinary Achievement O1B MPTV (Motion Pictures or Television) Workers
The O2 visa for the support staff of an extraordinary achievement O1B MPTV (motion picture or television industry) worker has two main requirements that need to be satisfied: evidence must be provided to the USCIS to show that the person (1) have skills and experience with the O1B MPTV worker that are not of a general nature and are critical based on either (2a) their pre-existing longstanding working relationship with the O1B MPTV worker, or (2b) a connection with a specific production where significant production (includes pre- and post-production) will be done both in the United States and abroad and the continued participation of the O2 worker is essential to successfully complete the production.
Documents Required for the O2 Work Visa Requirements (Essential Support Personnel of Extraordinary Achievement O1B MPTV/Motion Picture and Television Industry Workers)
- (A)
- The person is coming to the United States to assist the O1B MPTV worker’s performance
- (A)
- The person is coming to the United States to assist the O1B MPTV worker’s performance
The O2 visa work petition requires the support staff to assist the O1B MPTV worker’s performance in the United States.
Consultation (Written Advisory Opinion)
A written advisory opinion for O2 workers of O1B MPTV artists in the motion picture (film) or television industry must be provided and it must come from an appropriate (1) labor organization (e.g., SAG-AFTRA for actors) or (2) a management organization that has expertise in the area of the skill involved.
The content of the written advisory opinion (consultation) should include (1) a description of the O2 worker’s essentiality to the O1B MPTV artist, and (2a) whether they have a longstanding pre-existing relationship, or (2b) whether significant production will happen in the United States and overseas and the continued participation of the O2 worker is essential to successfully complete the production.
Alternatively, a consulting organization can choose to submit a letter of no objection instead of issuing an advisory opinion if it has no objection of the O2 visa petition being approved. Advisory opinions are not binding on the USCIS and labor unions can submit negative consultation letters directly to the USCIS. Evidence required can include:
- Written advisory opinion (that includes the content required and is signed by an authorized official from the organization or group).
- Letter of no objection (when the consulting organization has no objection of the O2 visa petition being approved).
AND
AND
- (B)
- The person has critical skills and experience with the O1B MPTV worker that is not of a general nature and are critical because of their pre-existing longstanding working relationship
- (B)
- The person has critical skills and experience with the O1B MPTV worker that is not of a general nature and are critical because of their pre-existing longstanding working relationship
One criterion to prove the that the support staff has critical skills and experience with the O1B MPTV worker that is not of a general nature under the O2 visa petition requires the person to have a pre-existing and longstanding working relationship with the O1B MPTV visa worker. Evidence can include but is not limited to:
- Newspaper articles
- Trade publications
- Documents that show the wages paid to the O2 visa worker are from the same employer as the O1B MPTV visa worker
- Passport pages that show the O2 visa worker and the O1B MPTV visa worker have traveled together in the past
- Photographs of the O2 visa worker with the O1B MPTV visa worker
- Letters from individuals or organizations that have expertise in O2 visa worker’s field. The content of the documentation should include a description of the O2 visa worker’s critical skills and experience with the O1B MPTV visa worker, the nature of the duties to be performed, and an explanation of the reasons why a U.S. worker cannot perform the O2 visa worker’s duties.
OR
OR
- (C)
- The O2 visa worker is essential to successfully complete the specific production
- (C)
- The O2 visa worker is essential to successfully complete the specific production
One criterion to prove the that the support staff has critical skills and experience with the O1B MPTV worker that is not of a general nature under the O2 visa petition requires the person to be essential in successfully completing the specific production. Evidence can include but is not limited to:
- Documents that show a large portion of the production has already taken place outside the United States and it will continue in the United States
- Documents that show the O2 visa worker is essential to the successful completion of the specific production
- Documents that show the O2 visa worker participated in the pre-production abroad (e.g., contracts, pay stubs)
The total time an O2 visa takes is consisted of the processing time for the (1) O2 visa petition (Form I-129) with the USCIS and the (2) visa application (DS-160) at a U.S. consulate or embassy overseas if the person is not already in the United States or is ineligible to do a change of status within the United States.
Factors that influence the O2 visa petition processing time usually include but are not limited to if there was any Request for Evidence (“RFE”) issued, and the caseload of the USCIS service center and the U.S. consulate or embassy.
Premium Processing for Form I-129 (Expedited Service)
A rough estimate for the Form I-129 petition for the O2 visa is around 3 to 4 months. However, a 15-day premium processing (Form I-907) is available for the Form I-129 part of the O2 visa petition. Premium processing is an optional expedited service where the USCIS guarantees that the case will be processed within 15 calendar days (not business days). When a notice of intent to deny (NOID) or a request for evidence (RFE) is issued, a new 15 calendar days will start when the USCIS receives a response from the applicant. If the USCIS fails to process within the time frame, a refund of the service fee will be given and the case will continue to be expedited. Please note that USCIS’s guaranteed response may be an approval notice, denial notice, notice of intent to deny (NOID), request for evidence (RFE), or open an investigation for fraud or misrepresentation.
The current premium processing fee for the O2 visa is $2500 USD and it can be requested when the original petition is submitted to the USCIS or an upgrade to premium processing can be done when the case is pending.
After the USCIS approves the O2 visa petition (Form I-129), the person will then need to change into their O2 visa status. There are 2 ways to change into the O2 visa status: change of status (done in the United States) and consular processing (done outside of the United States).
Change of status is usually for a person who is already in the United States with another valid nonimmigrant visa status and has maintained a lawful visa status throughout their time in the United States. On the other hand, consular processing is for a person who lives outside the United States or for a person who is ineligible to change their status in the United States due to noncompliance of U.S. immigration law (e.g., overstayed on their previous visa status, worked when they did not have valid U.S. work authorization, the visa status they used to enter the United States does not allow them to change into another type of visa status, etc.)
For a person who is residing overseas (outside the United States) or a person who is ineligible for a change of status with the O2 visa petition (Form I-129), consular processing must be done to obtain the O2 visa status. Consular processing involves the person attending an in-person interview at the U.S. consulate or embassy usually in the person’s home country. In some certain circumstances, a person can do consular processing in another country as a “Third Country National.”
After the interview approval at the U.S. consulate or embassy, the person would have to be admitted entry into the United States by the CBP officer at the border (usually at the airport) which means that the person would have to physically enter the United States as the final step for the O2 visa status to be activated.
For a person who is already in the United States with another valid nonimmigrant visa, there are usually two options available to obtain the O2 visa status:
(1) Change of Status: this is the more commonly chosen option where the person states that they would like to change their status without leaving the United States in their O2 visa petition (Form I-129). If the person is eligible (no violations of U.S. immigration laws), then their nonimmigrant visa status will be changed upon the approved employment start date listed in the O2 visa petition. In cases where the person’s change of status request is denied or the person needs to change it into consular processing, an application for action on an approved application or petition (Form I-824) may be required.
(2) Consular Processing: this must be chosen if a person cannot show that they have maintained lawful visa status in the United States or for any other reasons such as the person needs to travel internationally before the O2 visa petition is approved.
In general, the O2 visa is dependent on the O1 visa partly due to the requirement that the O2 visa worker must have a specific non-generic relationship with the O1 visa worker which makes it hard for the O2 visa worker to change to a different employer unless the change is because the O1 visa worker changed to that employer.
Furthermore, it is generally hard for the O2 visa worker to be replaced by someone else because of the requirement that the O2 visa worker must have a specific non-generic relationship with the O1 visa worker.
Amended Petition
If there is a material change in the terms and conditions of the O2 visa worker’s employment or in the O2 visa worker’s visa eligibility, then an amended O2 visa petition must be filed with the USCIS.
Early Termination
If the O2 visa worker’s employment was terminated and it was not because the O2 visa worker resigned voluntarily, the sponsoring employer or agent would have an obligation to pay a reasonable transportation cost to the O2 visa worker to return to their last place of residence before coming to the United States.
Dependent family members (spouse and unmarried children under 21 years old) of O2 visa workers are allowed to stay in the United States under the O3 visa status but they are not allowed to work. Studying is allowed for O3 visa holders.
Dual intent visas allow the foreign person to have both an intent to temporarily stay in the United States and an intent to permanently stay in the United States. The intention to permanently stay in the United States can be shown when the foreign person has a pending green card petition with the USCIS or an approved PERM labor certification from the U.S. Department of Labor.
Unlike the O1 visas that allow dual intention, the O2 essential support staff of the O1A athletes or the O1B (or O1B MPTV) artists are required to maintain a residence (home address) overseas and are not allowed to have dual intention which means that having a pending green card petition will interfere with their eligibility to maintain and extend (or renew) their O2 visa status in the United States. For example, if an O2 visa holder leaves the United States after they have filed a green card petition (which is an intention of permanently staying in the United States) with the USCIS, it would be likely that they will not be allowed to back to the United States with their O2 visa because it is not a dual intent visa and only allows the foreign person to have an intention to temporarily stay in the United States.
The O2 visa is for the essential support staff of O1A athletes or the O1B (or O1B MPTV) artists to accompany and assist those O1 workers to perform their service in the United States. The O2 visa is not a stand-alone visa petition and cannot be filed without an O1A athlete or O1B (or O1B MPTV) artist.
If you have an O2 work visa (essential support staff of O1A athletes or O1B/O1B MPTV artists) immigration question, please fill out our contact us form or send us an email with some basic information about your background and your immigration needs. We will do our best to respond within 48 hours.
How we can help?
Kylie Huang Law’s immigration attorney will help identify whether the O2 visa is the appropriate nonimmigrant visa category for the client’s (or the client’s beneficiary’s) professional background and if there are other visa options for the client (or the client’s beneficiary). We will work closely with our client to prepare a convincing case for their (or it’s) O2 visa petition and we will also strategize on how the O2 visa petition should be presented to achieve the best chances of approval. It is strongly advised and common practice to retain an immigration attorney for an O2 work visa petition due to the complexities in the immigration process and visa requirements.
What does the typical process look like to retain (hire) us?
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- Fill out the form (with some basic information on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment online
- Attend scheduled appointment (typically a phone call or zoom meeting)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule an appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (signing a contract to hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming contents of documents that will be submitted
- Filing the case
- Following up on the status of the case
- Close the case when a final determination is issued
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- Step 8:
- Fill out the form (on what your immigration needs are)
- Sign up and log into the client portal to schedule appointment
- Attend scheduled appointment (typically a phone call or zoom)
- Retainment (hire us)
- Start processing case
- Gathering required documents
- Preparing paperwork
- Confirming content of documents that will be submitted
- Filing the case
- Following up on the case status
- Close the case when a final determination is issued
RELATED ARTICLES
- O2 Visa Checklist
- O Visa Overview (Extraordinary Ability / Achievement)
- O1A Visa (Extraordinary Ability in Science, Education, Business, Athletics)
- O1A Visa Requirement & Documents
- O1A Visa Checklist
- O-1B Visa (Extraordinary Ability in Arts & Extraordinary Achievements in Motion Pictures or Television)
- O1B Visa Requirement & Documents
- O1B Arts & O1B MPTV Visa Checklist
- H Visa Overview
- H1B Visa (Specialty Occupations)
- Employment-Based Green Card Overview
- EB1a Visa (Alien of Extraordinary Ability)
- EB1b Visa (Outstanding Professors and Researchers)
- EB1c Visa (Multinational Manager or Executive)
- P visa Overview (Athlete & Entertainer)
- P1A Visa (Internationally Recognized Athlete)
- P1B Visa (Member of Internationally Recognized Entertainment Group)
- L Visa Overview (Intra-Company Transferee)
- E Visa Overview (Treaty Trader & Investor)
- R1 Visa (Religious Worker)