The O-2 nonimmigrant classification is for aliens who will accompany an O-1 artist or athlete to assist in a specific event or performance. The O-2 must be an integral part of the actual performance, and possess critical skills and experience with the O-1 that cannot be readily performed by a U.S. worker. For MPTV O-1 beneficiaries, the O-2 must have skills and experience essential to the successful completion of the production.
Accompanying an O-1 artist or athlete (O-1A in athletics or O-1B in arts/MPTV)
Integral part of the actual performance of the O-1
Possess critical skills and experience with the O-1 that are not of a general nature
Skills cannot be readily performed by a U.S. worker
For MPTV: skills and experience with the O-1 essential to successful completion of the production
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Regulatory Criteria
Integral Part of Performance
The O-2 must be an integral part of the actual performance of the O-1 beneficiary. This requires a direct connection between the O-2's support and the O-1's ability to perform.
Examples
Personal assistants with essential knowledge of the O-1's performance requirements
Technical support staff integral to the O-1's performance
Musicians or backup performers essential to the O-1 artist
Coaches or trainers integral to the O-1 athlete's performance
Critical Skills and Experience with the O-1
The O-2 must possess critical skills and experience with the O-1 that are not of a general nature and cannot be readily performed by a U.S. worker. The skills must be specific to working with the particular O-1 beneficiary.
Examples
Unique understanding of the O-1's performance style or needs
Specialized technical knowledge essential to the O-1's work
Long-standing working relationship providing irreplaceable expertise
Skills developed specifically through work with the O-1
MPTV Essential Skills Requirement
For motion picture or television productions, the O-2 must have skills and experience with the O-1 that are essential to the successful completion of the production. The O-2 must also have a pre-existing longstanding working relationship with the O-1, or significant prior production experience.
Examples
Pre-existing longstanding working relationship with the O-1
Significant prior production experience with the O-1 beneficiary
Skills essential to the completion of the specific production
Experience that is not general but specific to the O-1's needs
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Application Process
O-1 Petition
The O-1 beneficiary's petition must be filed (can be filed concurrently with O-2).
Advisory Opinion
Obtain advisory opinion from labor organization with expertise in the skill area.
Documentation
Compile evidence demonstrating critical skills, experience with O-1, and inability of U.S. workers to perform.
Contract
Prepare written contract or summary of oral agreement.
I-129 Filing
Employer or agent files Form I-129 for O-2 beneficiary(ies).
USCIS Adjudication
USCIS evaluates whether the O-2 requirements are met.
Visa/Admission
If abroad, apply for O-2 visa at consulate; seek admission.
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Key Benefits
Same period of stay as the O-1 beneficiary being assisted
Extensions available concurrent with O-1 extensions
O-3 dependent status for spouse and unmarried children under 21
Up to 25 O-2 beneficiaries may be included on a single petition
Premium Processing available
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Documents Needed
Valid Passport
Form I-129 Petition
Evidence of O-1 beneficiary's approved petition or concurrent filing
Written advisory opinion from labor organization
For MPTV: advisory opinions from both labor union and management organization
Written contract or summary of oral agreement
Evidence of critical skills and experience with the O-1
Evidence that U.S. workers cannot readily perform the work
Itinerary matching the O-1's events or performances
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Frequently Asked Questions
Can I include multiple O-2 beneficiaries on one petition?
Yes. Up to 25 O-2 accompanying beneficiaries may be included on a single petition if they are assisting the same O-1 beneficiary for the same events or performances, during the same period of time, and in the same location.
What consultation is required for O-2?
The petitioner must provide an advisory opinion from the labor organization having expertise in the skill area. For MPTV O-2 petitions, opinions must be provided from both a labor union and a management organization.
How long can an O-2 stay?
An O-2 is granted the same period of stay as the O-1 beneficiary being assisted. Extensions are available concurrent with the O-1's extensions, for the time necessary to complete the events or activities.
What makes skills 'critical' rather than 'general'?
Critical skills are those specific to working with the particular O-1 beneficiary - developed through a working relationship with that O-1. General skills are those any qualified U.S. worker could possess, regardless of familiarity with the specific O-1.
Can my family accompany me?
Yes. The spouse and unmarried children under 21 of an O-2 may seek admission in O-3 nonimmigrant status. They will generally be granted the same period of stay as the O-2.
What additional requirements apply to MPTV O-2 petitions?
For motion picture or television productions, the O-2 must have either a pre-existing longstanding working relationship with the O-1, or significant prior production experience with the O-1. The skills must be essential to the successful completion of the production, not just generally useful.
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Fees
Attorney Fee for I-129
$5,400 (Initial $2,900; Monthly $1,250)
USCIS Fee for I-129
$1,055/$530
Premium Processing (optional)
$2,805
Attorney Fee for DS-160
$500 per Person
Embassy Fee per Person
$205
Fees are estimates and may change. Contact us for a quote for your specific case.
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