O2 Visa (O1 Holder Support Staff Visa)

Petition

The US employer, US agent, or foreign employer must file a petition for Nonimmigrant worker – Form I-129.

The following are the documents that must be attached to the petition:

• Evidence that is relevant to the O-classification.
• Copies of written contracts or summary of an oral contract of employment terms.
• Description of the activities or events with the start and end dates.
• Activities or events itinerary.
• Written advisory opinion letter from the relevant consulting body.

Evidence Requirements

The documents you submit with your petition must meet the following criteria:

• Documentation such as affidavits, awards, and contracts must describe the beneficiary’s accomplishment and have the signature of an official or responsible employee of the institution, corporation, establishment, or organization where the job was done.
• Affidavits from your current or former employers or recognized experts attesting to your extraordinary ability or achievements must do so with verifiable facts. It must also include details of the affiant’s expertise and how they obtained the information.
• Photocopies of supporting documents. USCIS may also request original copies.

Evidence of Contract

In the situation where there is no written contract stating the nature of agreements binding on you and the prospective US employer, you must provide a summary of the provisions of an oral contract.

The oral contract must be in the form of the following:

• Emails between you and the other party.
• Written summary of the terms of the agreement.
• Other forms of proof of oral contract.

The written summation of the oral contract must include the following:

• The terms of the petitioner or employer’s offer.
• The terms you agreed to.

Both concerned parties do not necessarily need to sign the oral agreement for it to be effective.

Consultation Letter

Your petitioner must provide a Consultation letter. The letter is an advisory opinion letter from a recognized organization that has expertise in your area of expertise skills. For O2 visa applicants, the relevant organization must be a certified labor organization.

The requirement for the advisory opinions are:

• The advisory opinion must be from a labor union and a management organization if your O2 classification petition is for the motion picture or television industry.
• The opinion must provide details on your skills and work experience with the O1 holder.
• The opinion must indicate if the project requires working inside and outside the United States of America (if applicable). If not, it should state “no objection.”

When there is no labor organization, the petitioner must provide proof. The USCIS will then make a decision on the documentation already provided. Advisory opinions must only be from one of the USCIS-recognized organizations.

The consultations only serve advisory purposes to provide further information on the beneficiaries. The USCIS is not obligated to base its actions or decisions on it. Thus, if the appropriate labor organization provides an unfavorable advisory opinion, it does not immediately result in petition denial. Only verifiable evidence can determine the USCIS decisions, which may override a negative opinion.

File a Visa Petition Nonimmigrant Worker

The first step in applying for an O2 visa is filing a petition for employment. The prospective US employer or agent or a noncitizen employer through an agent in the United States must file the petition. The agent can be a representative, employer, or a person or entity with permission from your employer to act as an agent.

The petition must be filed within a year before the need for your services in the United States. The petitioner will fill out Form I-129 for Nonimmigrant Worker and submit it to the US Citizenship and Immigration Services (USCIS).

The petitioner must pay the appropriate visa petition fee. The fee is not fixed and is only determined by the USCIS.

The USCIS will provide the fee and other additional fees to pay. The employer is solely responsible for all the fees.

The petitioner must submit the documents as described above along with the petition form:

• Opinion letter.
• Employment Contract.
• Job description.

Wait for a Decision

After successfully submitting the petition form and the required supporting documents, the USCIS will review your petition. After the review, you will get a decision on your application from USCIS. If your application gets approved, the USCIS will send you and the petitioner Form I-797, Notice of Action.

A Notice of Action does not mean that immigration has been approved. It only means you can continue with your application to enter the United States. You must still meet the requirements for immigration permission.

Apply for Nonimmigrant Visa

You can apply for a nonimmigrant visa on the USCIS website. The application requires filling out the DS-160 form for all nonimmigrant visa applications. You need to provide your details and information on your intended travel, work experience, family, and US contact.

Your representative can apply for the nonimmigrant visa if you do not wish to apply yourself, but you must sign the form yourself. Once you are done filling out the form, submit and print the confirmation page.

Take a copy of the confirmation page with you to the visa interview.

Pay Your Visa Fee

You are responsible for this visa application processing fee. The fee is $190.

Schedule an Appointment

Since the US DOS Bureau of Consular Affairs establishes visa application processing and issuance, you must apply for consular processing. The visa application requires that you visit the US embassy for an interview.

First, you must schedule an appointment at the US Embassy or Consulate close to you. You will get a date and time for your interview.

You can fix an appointment with the Embassy or consulate online or through the USCIS call center.