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.

 

Visa Type	Description
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 who provide essential support to an O-1 visa holder.
O-3 Visa	For immediate, dependent family members of O-1 and O-2 visa holders, including spouses and unmarried children under 21.

 

The O3 visa is a nonimmigrant visa for the spouse and unmarried children under 21 of O1 or O2 visa holders. It allows dependents to join the primary visa holder in the United States during the length of their approved stay. As part of the O-3 application process, you will need to show that the principal visa holder has valid O status.

The O3 visa does not grant work authorization, but it does permit full-time study, making it suitable for school-age children or spouses pursuing education.

Eligibility is based entirely on the relationship to the primary O1 or O2 visa holder. To apply, the dependent must provide proof of their relationship, such as a marriage or birth certificate, along with other required documents like a valid passport. O3 visa holders are typically granted the same period of stay as the principal visa holder and may request an extension if the main visa is renewed.

One of the main risks of this route is a loss of legal status if the primary visa holder’s status is terminated. O3 dependents must also follow the rules of their status carefully, particularly the restriction on employment. Attempting to work without authorization can lead to visa revocation and future immigration consequences. Dependents who wish to work or pursue a different path in the US may need to apply to change status to a different visa category.

 

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.

 

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

 

Who is eligible for an O3 visa?

The O3 visa is available to the legal spouse and unmarried children under 21 of O1 and O2 visa holders.

 

Can O3 visa holders work in the US?

Individuals on an O3 visa are not permitted to work in the US under this visa category.

 

Can O3 visa holders study in the US?

O3 visa holders can study either part-time or full-time while in the US.

 

How long can someone stay in the US on an O3 visa?

O3 visa holders may remain in the US for the same duration as the primary O1 or O2 visa holder.

 

Can an O3 visa be renewed or extended?

The O3 visa can be extended along with the principal visa holder’s status.

 

Do O3 visa holders need to apply separately for a visa?

Dependents must submit their own O3 visa application even though their eligibility is based on the principal visa holder.

 

Can O3 visa holders change to another visa category while in the US?

O3 visa holders may apply to change status if they become eligible for another visa type such as F1 or H1B.

 

Is it possible to apply for an O3 visa from within the US?

If already in the US on another valid status, dependents may apply to change to O3 status through USCIS.

 

Are O3 visa holders allowed to travel in and out of the US?

O3 visa holders may travel internationally and reenter the US as long as their visa remains valid.

 

Can O3 status be affected if the O1 or O2 visa is revoked?

If the principal visa holder loses their status, the O3 dependent’s status is also impacted and may end.

 

Glossary

 

Term	Definition
O3 Visa	A nonimmigrant visa for the dependents of O1 and O2 visa holders, including spouses and unmarried children under 21.
O1 Visa	A visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics.
O2 Visa	A visa for individuals who assist O1 visa holders and are essential to the performance of their work.
Dependent	A spouse or child of a primary visa holder who is eligible to apply for a corresponding dependent visa.
Change of Status	The process of applying to switch from one nonimmigrant visa category to another while inside the US.
Extension of Stay	An approved request to continue residing in the US beyond the initial visa expiration without leaving the country.
Nonimmigrant Visa	A temporary visa issued to foreign nationals entering the US for a specific purpose and limited time.
USCIS	United States Citizenship and Immigration Services, the government agency that handles immigration benefits and petitions.
Visa Validity	The period during which a visa holder is permitted to enter the US, not to be confused with duration of stay.
Status	The legal classification given to a noncitizen while they are present in the US under a specific visa type.