O2 Visa Law

To qualify for an O2 visa you must be an alien with permanent ties to your home country, applying to accompany an O1 applicant in the field of arts or athletics. F1, F2. You must file a separate Visa Petition from the O1 holder you are accompanying. F3. Although you must file separate visa petitions, the O2 petition must be associated to, and filed at the same time as, the O1 petition.F4. You must be an integral part of the work being done, have talented skills in your own right, and have a history of work experience with the O1 holder. F5. The O2 does not exist for the fields of science, business, or education. F6.

Although the procedural filing of the O2 is the same as the O1, the contents of the O2 Visa Petition are different.

Your Petition Must Include:
Form I-129. F7.
A contract between the employer and the alien. F8, F9
An advisory opinion. F10.

Your Petition May Include:
Letters from former employers certifying alien's extraordinary ability. F11.
Letter from present employer certifying alien's extraordinary ability. F11.
Letters from experts in the field certifying alien's extraordinary ability. F11.

Requirements of O2 Visa
Include evidence which establishes:
(1) That the alien is essential to the O1 petitioner's planned job. F12.
(2) That the alien has critical skills in their field. F12.
(3) That the alien has substantial experience with the O1 petitioner. F12.

F1. “Under section 101(a)(15)(O)(ii) of the Act, an alien having a residence in a foreign country which he or she has no intention of abandoning may be classified as an accompanying alien who is coming to assist in the artistic or athletic performance of an alien admitted under section 101(a)(15)(O)(i) of the Act.” 8 CFR 214.2(O)(1)(i).

F2. “These classifications are called the O-1, O-2, and O-3 categories, respectively.” 8 CFR 214.2(O)(1)(i).

F3. “O-2 aliens must be filed for on a separate petition from the O-1 alien.” 8 CFR 214.2(O)(2)(i).

F4. “An O-2 alien must be petitioned for in conjunction with the services of the O-1 alien.” 8 CFR 214.2(O)(4)(i).

F5. “Be an integral part of the actual performances or events and posses critical skills and experience with the O-1 alien that are not of a general nature and which are not possessed by others.” 8 CFR 214.2(O)(1)(ii)(B)(1).

F6. “Such aliens may not accompany O-1 aliens in the fields of science, business, or education.” 8 CFR 214.2(O)(4)(i).

F7. “A petitioner seeking to classify an alien as an O-1 or O-2 nonimmigrant shall file a petition on Form I-129, Petition for a Nonimmigrant Worker.” 8 CFR 214.2(O)(2)(i).

F8. “Copies of any written contracts between the petitioner and the alien beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed." 8 CFR 214.2(O)(2)(ii)(B).

F9. “An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities.” 8 CFR 214.2(O)(2)(ii)(C).

F10. “A written advisory opinion(s) from the appropriate consulting entity or entities.” 8 CFR 214.2(O)(2)(ii)(D).

F11. “Affidavits written by present or former employers or recognized experts certifying to the recognition and extraordinary ability, or in the case of a motion picture or television production, the extraordinary achievement of the alien, shall specifically describe the alien's recognition and ability or achievement in factual terms and set forth the expertise of the affiant and the manner in which the affiant acquired such information.” 8 CFR 214.2(O)(2)(iii)(B).

F12. “The evidence shall establish the current essentiality, critical skills, and experience of the O-2 alien with the O-1 alien and that the alien has substantial experience performing the critical skills and essential support services for the O-1 alien.” 8 CFR 214.2(O)(4)(ii)(C).