O2 visa (Support Staff to O1 visa holders)

In order to qualify as essential support personnel to an O1 visa holder, the applicant must be able to prove the following:

• The applicant is a critical member of the performance or work of the O1 visa holder
• The applicant possesses the necessary critical skills and experience which the O1 visa holder’s performance or work requires and to which cannot be found in a U.S. worker
• The applicant will only work with the principal O1 visa holder who their visa is tied to and not in any other role (unless the applicant switches employers)
• The applicant is able to prove that s/he intends to only work in the U.S temporarily and will leave the United States once their visa expires as they maintain ties to their home country

It should be noted that O2 visas will only be granted to support staff who work in the athletic, entertainment, television, or motion picture industry. Support personnel of O1 visa holders who work in science, education, or business are not permitted to sponsor their staff for an O2 visa.

The first step in applying for an O1 or O2 visa is the U.S. sponsor filing a Form I-129 (Petition for Nonimmigrant Worker) on behalf of the applicant and submitting it to the U.S. Citizenship and Immigration Services (USCIS). The U.S. sponsor can be either the U.S. prospective employer of the O1 and O2 visa applicants or a U.S. agent who is acting on behalf of a foreign employer. This form should be filed at least 45 days but no more than 6 months before the start of employment.

In addition to Form I-129, the U.S. sponsor will also need to submit supporting documentation which proves that both the O1 and O2 visa applicants possess the necessary skills and experience that qualify them for this particular visa.

The USCIS will then review the visa petition along with the supporting documents. If approved, both the sponsor and applicants will receive Form I-797 (Notice of Action) which will allow the applicants to begin their visa applications. The Department of State (DOS) establishes visa application processing which means that the applicants will have their visas processed at the nearest U.S. Embassy or Consulate abroad.

To complete the visa application process, the applicants will need to complete Form DS-160 (Online Nonimmigrant Visa Application). This form is submitted online and will ask the applicants questions regarding their background, education, work experience, reasons for coming to the United States. After the form is completed, the applicant will be shown a confirmation page. It is very important that this page is printed out and safely kept as it will need to be submitted later in the visa application process.

The next step in the visa application process is paying the necessary visa fees then scheduling and attending a visa interview at the nearest U.S. Embassy or Consulate. When attending the interview, it is important that the applicant bring the necessary documents relevant to their application. After the interview, the applicant will then receive a decision on whether or not their visa application has been approved and when they can travel to the United States and begin employment.

In order to qualify for an O2 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 O2 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 O2 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.

After the O2 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 O1 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)

To apply for an O2, the US sponsor and the visa applicant will be responsible for the following fees:

• Form I-129 (Petition for Nonimmigrant Worker): $460
• Form DS-160 (Online Nonimmigrant Visa Application): $190
• Premium processing (optional): $2,500
• Biometric fee (if applicable): $85
• Certified translations: costs may vary

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 O2 visa fees.