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What is an O-2 Visa?

The O-2 visa is a non-immigrant visa category that enables individuals who will accompany and assist O-1 visa holders in their work to travel and work in the United States. O-2 visa holders are essential support personnel who are integral to the performance or project of the O-1 visa holder.

This visa allows sponsored O-2 employees to work in the United States for the duration of the O-1 visa holder’s stay, including extensions.

Why Choose De Wit Immigration Law for Your O-2 Visa Needs?

At De Wit Immigration Law, our  O-2 visa lawyers are dedicated to simplifying this process for employers, O-1 visa holders, and their support staff. Here’s why you should choose us:

  1. Experience with O-2 Visa Cases: We have a proven track record of success in O-2 visa applications across various industries and fields.
  2. Tailored Support for Employers and Individuals: Whether you’re an employer sponsoring support staff or a self-employed professional assisting O-1 talent, we tailor our strategies to your unique needs.
  3. Comprehensive Guidance: From initial assessment to petition filing and beyond, we’re with you every step of the way.
  4. Up-to-date Knowledge: We stay current with the latest USCIS policies and trends affecting O-2 visas, ensuring compliance and accuracy.
  5. Efficient Process: We strive to make the O-2 visa process as smooth and swift as possible, minimizing disruptions to your plans.

The O-2 Visa Sponsorship Process

The O-2 visa sponsorship process requires meticulous attention to detail and a deep understanding of USCIS requirements. Here’s an overview of how our O-2 visa lawyers will guide you through the process:

  • Initial Consultation: We’ll assess your needs and the qualifications of the potential O-2 employee to determine if this visa category is appropriate.
  • Evidence Gathering: Our team will work with you to compile comprehensive evidence demonstrating the O-2 applicant’s essential support role to the O-1 visa holder.
  • Petition Preparation: We’ll craft a compelling O-2 visa petition that highlights the applicant’s critical skills and their importance to the O-1 visa holder’s work.
  • Filing and Follow-up: We’ll file the petition with USCIS and diligently follow up on its progress.
  • Responding to RFEs: If USCIS issues a Request for Evidence (RFE), we’ll prepare a thorough and timely response to minimize delays.
  • Interview Preparation: If an interview is required, we’ll ensure the O-2 applicant is well-prepared to confidently present their case.
  • Post-Approval Support: If the O-2 visa is approved, we’ll guide you in maintaining compliance and planning for future extensions aligned with the O-1 visa holder’s stay.

Demonstrating Eligibility for an O-2 Visa

As an employer or support professional, you need to understand the criteria for demonstrating eligibility when applying for an O-2 visa. Our O-2 visa lawyers are skilled at presenting your employee’s or your own qualifications in the most compelling manner.

The sponsored O-2 applicant must meet the following criteria:

  1. Have critical skills and substantial experience that are essential to the successful performance of the O-1 visa holder and not available to U.S. workers.
  2. Have a foreign residence that they do not intend to abandon.
  3. Be coming to the United States solely to assist in the performance of the O-1 visa holder.

Our O-2 visa lawyers will work closely with you to identify and present the strongest evidence of the O-2 applicant’s essential role and qualifications, aligning it with the O-1 visa holder’s needs.

Benefits of Sponsoring the O-2 Visa

The O-2 visa offers several advantages for employers, O-1 visa holders, and support professionals:

  • Support for O-1 Talent: Ensure O-1 extraordinary talent has the essential support they need to perform at their best.
  • Flexibility: O-2 visas are tied to the duration of the O-1 visa, providing flexibility in terms of stay and extensions.
  • No Annual Cap: Like the O-1 visa, there’s no limit to the number of O-2 visas issued each year.
  • Team Continuity: Bring established support personnel with O-1 talent, maintaining important working relationships.
  • Family Benefits: Spouses and children of O-2 visa holders can accompany them under O-3 dependent visas.

Why Your Company Needs an Experienced O-2 Visa Lawyer

While the O-2 visa offers significant benefits for employers, the sponsorship process can be complex. USCIS scrutinizes O-2 petitions carefully to ensure the genuine need for support personnel. An experienced O-2 visa lawyer can help your company:

  1. Evaluate Candidate Eligibility: Provide an honest assessment of your potential O-2 employee’s chances of success, saving time and resources.
  2. Develop a Strong Strategy: Craft a tailored approach that best demonstrates the essential nature of your O-2 employee’s role in supporting the O-1 visa holder.
  3. Handle Complex Paperwork: Ensure all forms and supporting documents are correctly prepared and filed, reducing the risk of delays or denials.
  4. Respond to USCIS Inquiries: Address any questions or Requests for Evidence promptly and effectively, minimizing disruptions to your operations.
  5. Ensure Compliance: Guide your company through the legal requirements of sponsorship, helping you avoid potential pitfalls and maintain immigration compliance.
  6. Provide Peace of Mind: Navigate the entire process on your behalf, allowing you to focus on your core business operations.

Start Your O-2 Visa Process with De Wit Immigration Law

At De Wit Immigration Law in Miami, we’re committed to helping employers, O-1 visa holders, and support professionals unlock the opportunities available through the O-2 visa program. Whether you’re sponsoring essential staff or applying to support extraordinary talent, our team of dedicated O-2 visa lawyers has the experience to navigate the process and maximize your chances of success.

Don’t let immigration challenges stand between you and extraordinary opportunities. Contact De Wit Immigration Law today to schedule a consultation with one of our skilled O-2 visa lawyers. Let us help you demonstrate the critical nature of your O-2 employees or your essential role as support staff and take the next step toward achieving your goals in the United States.

Frequently Asked Questions

Can we sponsor an O-2 visa without an O-1 visa holder?

No, O-2 visas are specifically for support personnel of O-1 visa holders. You must have an approved or concurrently filed O-1 petition to sponsor an O-2 visa.

How long can an O-2 visa holder stay in the U.S.?

The O-2 visa holder can stay for the duration of the O-1 visa holder’s event or activity, including any extensions granted to the O-1 visa.

Can an O-2 visa holder work for multiple employers?

Generally, an O-2 visa is tied to a specific O-1 visa holder and employer. If the O-2 visa holder needs to support multiple O-1 visa holders, separate petitions may be required.

What happens if the O-1 visa holder leaves our company?

If the O-1 visa holder leaves your company or their visa is terminated, the O-2 visa holder’s status is also affected. They would need to depart the U.S. or change to another visa status.

Whether you are a foreign investor or entrepreneur, a U.S. employer of any size, or an individual seeking to immigrate based on your talent or a close family relationship, we offer straightforward immigration strategies to advance your personal and professional goals.

I am extremely satisfied with the professional services provided by Jose and his team. Their profound knowledge of immigration law, coupled with exceptional customer service, ensured all my doubts and questions were promptly addressed. Highly recommended.

J. M.
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