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O-3 Visas for Spouses and Children

Are you the spouse or dependent child under the age of 21 of an O-1 or O-2 individual? If so, you might qualify for an O-3 visa to temporarily visit the United States. However, you will not be eligible to apply for work authorization, or an EAD (Employment Authorization Document) in this status.

Evidence

The documentation required to receive an O-3 visa includes evidence of your family relationship and evidence of the O-1 principal beneficiary’s financial support. If you are already in the US, you can apply simultaneously with the O-1 or O-2 principal for a change of status to O-3. If you are not in the US, you will apply for your O-3 visa at a US consulate. You will need to provide photocopies of the O-1 or O-2 principal’s O visa and if applicable, their I-94 card.

You will receive the same period of admission for O-3 as the O-1/O-2 nonimmigrant. Although you will not be able to work, you are eligible to study full-time or part-time.

(More info below)

O-3

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Next Steps

$ 290: I-539 Filing Fee

  • Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative
  • Form I-539, Application to Extend/Change Nonimmigrant Status
  • Form G-1145, E-Notification of Application/Petition Acceptance
  • Form I-539, Application to Extend/Change Nonimmigrant Status
  • I-797 Fee Receipt Notice
  • I-797 Approval Notice
  • Change Status/Extension of Stay Or apply for visa at consulate (except Canadians)

Approximate USCIS Processing Time: 2 Weeks

  • Spouses
  • Dependent children
  • Initial petition: up to 3 years
  • Unlimited extensions