O-2 visa is for an individual who will accompany an O-1 artist or athlete to assist in a specific event or performance.
- For an O-1 athlete, the O-2’s assistance must be an integral part of the O-1’s activity; and for an O-1 artist, the O-2’s assistance must be essential to the completion of the O-1 artist’s production.
- The O-2 worker is required to have critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the O-1.
For motion picture and TV, critical skills or experience with an O-1 can be demonstrated by longstanding work relationship or for a specific production that has taken and will take place in and out of the U.S. and the beneficiary’s participation is essential to complete production.
One O-2 visa petition may include multiple O-2 workers where they are assisting the O-1 in the same performance for the same period of time.
An O-2 petition must contain an advisory opinion letter from each union with appropriate expertise over activities of the O-2. It must describe the O-2’s essentiality to and working relationship with the O-1.
The consultation requirement may be waived based upon the non-existence of an appropriate U.S. peer group.
Change of Employer:
An O-2 cannot change its employer unless the O-1 does.
Immediate Family Members of an O-2:
An accompanying or following-to-join spouse and children under the age of 21 may be eligible for an O-3 visa, subject to the same period of admission and limitations as the O-2 worker. They may not work in the U.S. under the O-3 classification, but may engage in full or part time study on an O-3 visa.
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