There are many visas that individuals and families can acquire to enter and reside in the United States. The O visa is one that includes three types of visas for the non-immigrant classification. These visas are for individuals of extraordinary ability and those related to them in family or work.
Like many US visas, the O visa classification requires applicants to meet certain eligibility criteria and apply in a specific way. If you are interested in this visa, keep reading to find out more, or learn more about the specifics of the O-3 visa application.
Understanding The O-3 Visa
The O3 visa is a type of nonimmigrant US visa category in the 0 classification. It is one of three visas, including:
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- The O-1 visa is for individuals who have extraordinary ability.
- The O-2 visa is for the key personnel and assistants of those with the 01 visa.
- The O-3 visa is for dependents on the O1 and O2 visas.
This means that the O3 visa basically serves as an O1 dependent visa or an O2 dependent visa.
Eligibility Criteria & Requirements
The main eligibility criteria for an O3 visa are that the applicant MUST be a dependent of an O1 or O2 visa holder. This includes spouses and unmarried children under 21 years of age. Parents and siblings are not eligible for an O3 visa.
This means that in order to apply for this visa, the applicant must be able to prove that they are a spouse, an unmarried child, or an O1 or O2 visa holder. This can be shown in the form of birth certificates or marriage certificates.
On top of this, applicants have to have a clean criminal record and cannot have overstayed on any previous US visas or violated any immigration laws in the US in the past.
The Application: Step-By-Step
Those applying for the O3 visa need to start the O3 visa application when the O1 or O2 visa holder applies for their visa or once their visa has been approved. The process will differ slightly depending on where the person is applying from. For example:
- Those who are applying from the US should file Form I-539.
- Those applying from outside the US would file Form DS-160.
It is very important that the person applying uses the correct form to apply for the visa. This application will cover some basic questions regarding the applicant’s personal information and the purpose of their visit to the US. Once the form is completed, the applicant will get a confirmation page, which they should then print.
There is an application fee to pay when applying; this is $190 and should be paid as soon as possible as you proceed with the process of applying. You should also look to schedule a visa interview with a consular officer at a U.S. consulate or embassy in your home country.
If you apply at the same time as the main O1 or O2 visa applicant, it may even be possible to have your interview with this person (especially if they are your spouse or parent).
This type of visa requires the applicant to show the US consular or embassy officer that they do have a legitimate relationship with the individual who holds the O1 or O2 visa and that there is no intention of overstaying the visa validity period or breaking the law.
Key Documents & Preparations
The O3 visa application process does require applicants to submit documents proving their eligibility. Most documents will refer to the O1 or O2 visa applicant as having the appropriate status and the O3 visa applicant as having a valid relationship with them.
O3 applicants should expect to submit the following documents:
- A signed application form (depending on where you are applying from).
- The confirmation page of their online form (depending on where you are applying from).
- A copy of the approval notice that has been given to the holder of the O1 or O2 visa.
- Proof of the applicant’s relationship with the O1 or O2 visa holder (birth certificates and marriage certificates are valid).
- Documented proof that the applicant can financially sustain themselves during their time in the US.
- A valid travel document or passport.
- An interview confirmation letter.
- A passport photograph.
All documents need to be in English as well; if not, they need to be translated by a certified professional translator.
Understanding Fees & Costs
The total cost of the visa application submission for an O3 visa is $190. However, it is important also to consider the financial requirements for this type of visa. The applicant is required to show they can financially sustain themselves during their time in the US.
Living In The U.S. With An O-3 Visa
While in the US on an O3 visa, applicants can enter the US with their family member who has an O1 or O2 visa. Those on this visa type can do the following in the US:
- Live in the US.
- Obtain a driver’s license and drive a car in the US.
- Take full-time or part-time courses at US educational institutes.
- Open a bank account.
- Travel to and from the US within the visa validity period.
Sadly, those on an O3 visa are not allowed to work in the US. O3 visa holders are not able to get an O3 visa work permit as they are not allowed to earn an income. O3 visa work authorization is sadly not possible, and those who wish to work in the US would need to obtain a different visa type to do so.
Conclusion
The O3 visa is a visa option for the immediate family members (spouse and children) of an O1 or O2 visa holder entering the US. It has a fairly simple application process, provided that the O1 or O2 visa applicant is successful and the relationship is easily verified.
