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The O-3 visa is a special visa type issued to dependents of O-1 and O-2 principal visa holders, including spouses and unmarried children under 21 years of age, to accompany them to the United States.
O-1 visa holders are individuals of extraordinary ability working in the sciences, arts, education, business, or athletics, for a U.S. employer or agent.
Additionally, O-2 visa holders are those who accompany an O-1 artist or athlete to assist them in a specific event or performance (such as sound engineers, costume designers, back up dancers, makeup artists, athletic coaches, etc).
The O-3 visa is meant to keep families together by allowing them to join the O-1 or O-2 visa holder in the U.S. to live, learn, and soak up the culture.
It is important to understand that the O-3 dependent visa is tied to the principal O-1 visa holder. This means that the O-3 dependent visa is subject to the same period of admission and limitations as the O-1 or O-2 visa holder, while in the United States.
Key Benefits of O-3 Status
- Family Unity with O-1 and O-2 Visa Holders: The O-3 classification allows eligible dependents to live with the principal O-1 and O-2 visa holder in the U.S.
- International Travel: O-3 visa holders can remain in the U.S. throughout their period of authorized stay, as printed in their passports
Employment Limitations for O-3 Visa Holders
A key feature of the O-3 visa is its strict prohibition on working in the United States. This sets it apart from other dependent visas such as the H-4 visa, where dependents can apply for work authorization under certain conditions.
Coming to Grips with the Employment Prohibition
The aim of the O-3 visa is to keep families together by letting dependents accompany the main visa holder during their stay in the U.S. The drawback is that O-3 dependents cannot take part in the job market here. O-3 visa holders looking for jobs can consider the option of changing their status/apply for the work visa (like H-1B, O-1A, or similar job-based visas) if they meet the requirements and have an employer ready to sponsor them.
What Happens if You Work Without Permission
If O-3 visa holders work without authorization, they could face serious problems such as:
- Visa Termination: USCIS can terminate your O-3 visa status, forcing you to leave the United States immediately
- Impact on Future Applications: Breaking visa rules can hurt your chances of being approved when applying for visas later down the line
- Entry Restrictions: If you violate the terms of your O-3 visa, you may not be allowed to enter the U.S. or obtain visas in the future.
Conclusion
The O-3 visa reunites families of O-1 and O-2 visa holders, but it has clear limitations on employment authorization. Dependents with O-3 status must comply with their visa type by staying away from unauthorized employment.
If having a job is a top priority, dependents should explore other visa types that provide employment authorization.
To help you navigate your options, it’s a good idea to talk to an immigration lawyer that can explain the restrictions of the O-3 visa, and help explore alternative visa types that may be right for you. A lawyer can give you full advice on your rights, what you need to do, and the best ways to reach your long-term goals while living in the U.S.
