The O3 Visa Explained

The O-3 Visa is designed for the spouses and unmarried children under the age of 21 of O-1 and O-2 Visa holders, allowing them to accompany their family member to the U.S. Whether you’re the spouse or child of someone with extraordinary ability, the O-3 Visa allows you to live and study in the U.S. while staying close to your family. However, it is important to note that O-3 Visa holders are not permitted to work in the U.S. under this visa.

At our law firm, we offer free guidance for O-1 and O-2 Visa clients looking to bring their family members with them. We ensure that the application process for O-3 Visas is as seamless as possible, providing peace of mind so you and your family can focus on building your future in the U.S.

---

Eligibility for the O-3 Visa

To qualify for the O-3 Visa, applicants must meet the following conditions:

• Spouses: Legal spouses of O-1 or O-2 Visa holders, including both straight and same-sex couples.
• Children: Unmarried children under 21 years old.
• Exclusions: Girlfriends, boyfriends, and fiancés are not eligible for the O-3 Visa.

---

Benefits of the O-3 Visa

• Live in the U.S.: O-3 Visa holders can live in the U.S. alongside their O-1 or O-2 family members for the duration of their visa.
• Study in the U.S.: You can enroll in school and pursue an education while on an O-3 Visa.
• Travel Flexibility: Freely travel in and out of the U.S. as long as the O-1 or O-2 Visa is valid.
• Change to Another Visa: If circumstances change, you can apply to switch to a different visa category.
• Pursue Permanent Residency: While the O-3 Visa itself doesn’t lead to permanent residency, you can pursue other routes to a green card while in the U.S.
• No Visa Cap: There is no annual limit on the number of O-3 Visas issued, so you don’t have to worry about availability.

---

Limits of the O-3 Visa

• No Work Authorization: O-3 Visa holders are not allowed to work in the U.S. If you want to work, you must apply for a different visa that provides work authorization.
• Age Limit for Children: If you are a minor child, your O-3 Visa expires when you turn 21.
• Marriage Status for Spouses: If the marriage between the O-1 or O-2 holder and their spouse ends, the O-3 Visa will also be terminated.

---

General Terms of the O-3 Visa

The O-3 Visa allows family members of O-1 or O-2 Visa holders to join them in the U.S. It is specifically for spouses and minor children and does not extend to other relatives. O-3 Visa holders cannot work but can enroll in educational programs.

Unlike the O-1 and O-2 Visas, you do not need to apply through USCIS for O-3 approval. Instead, you apply directly at a U.S. consulate or embassy once the O-1 or O-2 Visa is approved. The O-3 Visa is typically easier to obtain and is often granted without extensive scrutiny, provided all requirements are met.

---

Process to Get the O-3 Visa

If the O-3 Applicant is Outside the U.S.:

1. Wait for the O-1 or O-2 Visa Approval: Your family member must receive their approval notice from USCIS.
2. Apply for the O-3 Visa:
   • You can apply at the same time as the O-1/O-2 holder or after they have been approved.
   • Locate a U.S. Consulate: Find a U.S. embassy or consulate where you can apply.
   • Complete Form DS-160 online.
   • Schedule your visa interview and pay the visa fee.
   • Attend the interview at the U.S. consulate.
   • If approved, your passport will be mailed back to you with your O-3 Visa stamp.
3. Welcome to the U.S.! After receiving your visa stamp, you can enter the U.S. and join your family.

If the O-3 Applicant is Already Inside the U.S.:

Receive your approval notice in the mail. Once approved, you can remain in the U.S. as an O-3 Visa holder.

Submit Form I-539 to change your status to O-3. This can be filed alongside the O-1 or O-2 petition or afterward.