Among the Visas that will allow you to work in the United States, there is the O Visa, which is granted to people who possess extraordinary abilities and which will make others related to them, such as support personnel and family members, eligible for other types of Visas.
Derivative immigration status for family members and support personnel
Among the derivative immigration statuses originated from the O Visa there is the O2 Visa. This is for people who possess acknowledged abilities and experience and who work with the holder of an O1 Visa, for whom their work is essential and which cannot be carried out by an American worker. The O2 Visa is only granted in the case of artists or athletes.
The spouse and unmarried children under the age of 21 of the holder of the O1 and O2 Visa can travel to the United States with an O3 Visa. It is important to keep in mind that this type of Visa will not allow the person to work during their stay in the country.
Besides, the holder of the O Visa can request a B1 Visa for their housekeeping staff. That is, as long as requirements are met.
How can I apply for an O Visa?
The first thing you must do is to deliver form I-129, namely, the Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services. This must be sent at least 45 days before the commencement date of the work contract.
Who can apply for an O Visa? Can you be self-employed with this Visa?
Even though people usually think that a foreign worker can be their own sponsor for an O Visa, the truth is that this is not possible. You need a third party to sponsor you. This can be:
- A company or employer based in the United States
- An agent
You must necessarily work for the person sponsoring you, regardless of whether you are considered an employee or an independent contractor. In the latter case, you will have to use form 1099.
In some cases, a foreign citizen can be the founder of a company in the United States, and this company can hire them with an O1-A Visa.
If you have any questions or wish to know more about how to apply for an O Visa, do not hesitate and get in touch with us. We are a law firm specialized in immigration law with expert lawyers who represent individuals and businesses across the United States and the world.