The O-3 visa is a specific category for dependents, including spouses and children of O-1A, O-1B and O-2 visa holders, to come to the USA.

In this guide, we answer commonly asked questions about the O-3 visa, covering eligibility requirements, permissible activities and the application process.

 

What is the O-3 visa?

 

The O-3 visa is one of three visas in the O classification:

 

• O-1 visa: for individuals who can demonstrate extraordinary talent in their profession and have a qualifying job offer in the US
• O-2 visa: for key personnel of O-1 visa holders
• O-3 visa: for immediate, dependent family members of O-1s and O-2s

The O-3 is a temporary visa, allowing the holder to enter and live in the US with the same validity as the principal visa. Generally, O-1 and O-2 visas are initially issued for a period of 3 years. As part of the O-3 application process, you will need to show that the principal visa holder has valid O status.

 

Who is eligible for the O-3 visa?

 

The O-3 visa is open to non-US spouses and unmarried children below 21 years of either O-1 or O-2 visa holders.

Importantly, the O-3 does not extend to other relatives of O-1s or O-2s, such as parents.

O-3 applicants will need to prove in their application and interview that their relationship as a spouse or child of the principal visa holder is genuine.

You must also be otherwise eligible for admission into the United States, such not having a criminal conviction or having previously breached any past US visa conditions.

 

What can O-3 holders do?

 

Certain rules apply to O-3 visas, governing what they can – and cannot do – while in the US.

With an O-3 visa, you are allowed to enter and live in the US with the principal visa holder. You can travel in and out of the US on short trips. You can get a driver’s license and enrol in full or part time study.

You cannot, however, work while in the US, or get a social security number. To obtain work authorisation in the US, you would need to adjust your status to a category that permits you to work, such as the H-1B visa or a Green Card.

O-3 visas are automatically extended if the principal visa holder secures a visa renewal.

 

Can O-3 visa holders change status?

 

It is possible for O-3 visa holders to change their status to a different immigration category, provided they are eligible under the relevant visa criteria. For example, to work in the US, you may look at transferring to the H-1B visa, provided you are eligible. If you obtain status under a different category, your status will no longer be tied to that of the principal O-1 or O-2 visa holder.

 

Does the O-3 lead to a US Green Card?

 

The O-3 visa can lead to a Green Card, provided the principal O-1 visa holder secures permanent residency. This pathway involves the O-1 visa holder applying for an employment-based Green Card, and once granted, any O-3 visa holders can then apply as dependents on their own employment-based Green Card.

It is also possible for O-3 visa holders to apply for an Employment Authorization Document (EAD) when they make their Green Card application. In most cases, EADs are issued faster that Green Cards, meaning O-3 visa holders are allowed to work in the US once their EAD has been issued and while their Green Card application is pending.

 

How to apply for an O3 visa

 

As with any US nonimmigrant visa, applicants first complete the online form, DS-160, providing personal information and details of the reason for travel and stay. The fee is then paid and an interview arranged at a US consular post in the country where the application is being made.

O-3 applications can be made at the same time as the principal visa application (O-1 or O-2) or after the principal visa has been granted. If concurrent, applicants can schedule to be interviewed together.

If being made separate to the principal application, the O-3 applicant will have to wait until the O-1 or O-2 visa has been granted before their O-3 application can be started.

The petition processing fee for the O3 visa is $190.

 

O-3 visa supporting documents

 

O-3 visa applicants will need to prepare a bundle of documentation to take with them to their visa interview, as evidence of their eligibility for the visa category. Typical supporting documents include the confirmation page from the DS-16o form and proof of fee payment, form I-797 Notice of Approval, valid passport, photograph (compliant with US visa regulations), interview confirmation letter and proof of the principal visa holder’s valid visa and relationship to the principal visa holder.

 

O-3 visa processing time

 

O-3 visa processing times are around 6 weeks to 3 months, but can vary depending on the consular workload and the complexity and quality of the application.

 

Can the O-3 visa be extended?

 

It is possible to apply for an O-3 visa extension only where the principal O-1 or O-2 visa is doing the same (use Form I-539). Extensions are available in the O classification in incremenents of 12 months, with no limit on the number of extensions that can be applied for – provided continued eligibility is evidenced.

 

Need assistance?

 

NNU Immigration are specialist US immigration attorneys with particular expertise in the O visa category.

We help exceptional talent visa holders, their family and key personnel make the move the US, handling all aspects of the visa application process.

The supporting documents will need to provide compelling evidence of eligibility against increasing scrutiny from consular adjudicators, and applcation timing will be critical to avoid lengthy separation of loved ones and facilitate a smooth transition for family members to the US.

If you have a question about an O-3 visa application, please contact us for advice.

 

O-3 visa FAQs

What is the O-3 visa?

The O-3 visa is a dependent visa for the spouse and unmarried children under 21 of an O-1 and O-2 visa holders.

 

Can O3 visa holder get EAD?

O-3 visa holders are not permitted to apply for an EAD, but instead have to obtain a work visa to work in the US.

 

Can O3 visa holders go to school?

Yes, O-3 visa holders are allowed to attend school and college in the USA.

This article does not constitute direct legal advice and is for informational purposes only.