Summary of the O3 Visa
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.:
- Wait for the O-1 or O-2 Visa Approval: Your family member must receive their approval notice from USCIS.
- 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.
- 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.
Keep Your Family Together with the O3 Visa
Are you an O-1 or O-2 Visa holder looking to bring your family with you to the U.S.? At Path to Immigration, we specialize in helping families stay together by securing O-3 Visas for spouses and children. Whether your family is joining you from abroad or already in the U.S., we’ll assess their eligibility and guide you through the entire O-3 Visa application process. Our experienced team ensures a smooth, stress-free experience, providing free guidance to our O-1 and O-2 clients to bring their loved ones to the U.S. Let us help you keep your family close while pursuing your professional dreams in the U.S. Contact us today to get started.