O-2 Visa

The O-2 Visa is a non-immigrant visa reserved for individuals who will accompany and assist an O-1 Visa holder, typically an artist or athlete, in a specific event or performance in the U.S. This visa category recognizes that the contribution of support personnel is integral to the successful performance of O-1 Visa holders. Importantly, the Code of Federal Regulations (CFR), specifically section 214.2(o)(4)(ii), outlines that the O-2 applicant must have critical skills and experience, not of a general nature, which are not possessed by a U.S. individual.

How to Obtain an O-2 Visa

Obtaining an O-2 Visa involves a multi-step process that requires close attention to detail.

The process begins by identifying the need for support personnel who are integral to the performance of the O-1 Visa holder. The proposed O-2 Visa holders should possess skills and experience that can’t be readily performed by a U.S. worker.

An I-129, Petition for Non-Immigrant Worker, must be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent with the U.S. Citizenship and Immigration Services (USCIS).

The petition must include copies of any written contracts between the employer and the alien or, if there is no written contract, a summary of the terms of the oral agreement under which the alien will be employed. In addition, it should provide 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.

An O-2 Visa applicant also needs to establish their current essentiality, critical skills, and experience with the O-1 Visa holder and that they have substantial experience performing the critical skills and essential support services for the O-1.

O-2 Visa Processing Time

Once the I-129 petition has been submitted, it will be reviewed by USCIS. This process generally takes between 2- 3 months. However, USCIS offers a premium processing service for an additional fee, expediting the review process.

Cost of O-2 Visa

The basic filing fee for the I-129 petition stands at $460. In addition, there may be other costs related to obtaining supporting documentation, medical examination, and legal assistance. Note that fees may be subject to change, so it’s crucial to verify the current charges.

How Our O-2 Visa Attorney Can Help

The complexity of the O-2 Visa process can be daunting. At Esani & Momin, P.C., our immigration attorneys specialize in guiding our clients through this process, ensuring every detail is handled with precision. We navigate the legal labyrinth on your behalf, keeping you informed and prepared at each step.

Our work isn’t done until your support personnel are by your side, ready to contribute their exceptional skills to your outstanding performance. Are you ready to take the next step toward securing your O-2 Visa? Reach out to Esani & Momin, P.C., today, and let’s make your U.S. performance dream a reality.

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