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O-3 Dependents and O-2 Support Staff for O-1A
Your spouse and unmarried children under 21 may hold O-3 status for the same period as you, but may not work in that status. O-2 support staff are not available for O-1As in business, education or science.
Last reviewed against the USCIS Policy Manual on
Who qualifies for O-3
“The spouse and unmarried children under 21 years old of a principal O-1 or O-2 nonimmigrant may qualify for dependent O-3 nonimmigrant status if they are accompanying or following to join the O-1 or O-2 in the United States.”
Same period, no work
“The O-3 spouse and unmarried children under 21 receive nonimmigrant status for the same period of time and subject to the same conditions as the O-1 or O-2 principal. An O-3 dependent may not accept employment in the United States pursuant to such status.”
“O-3 dependents may request an extension of stay or change of status by filing an Application to Extend/Change Nonimmigrant Status (Form I-539), and, when applicable, Supplemental Information for Application to Extend/Change Nonimmigrant Status (Form I-539A).”
O-2 support staff: not for business, education or science
“USCIS may not grant O-2 classification for beneficiaries to support O-1 beneficiaries with extraordinary ability in fields of business, education, or science.”
“Although multiple beneficiaries may be included on a single O-2 Petition for a Nonimmigrant Worker (Form I-129), they cannot be included on the O-1 beneficiary’s petition.”
| Who | Status | Work in that status | Source |
|---|---|---|---|
| Spouse, unmarried children under 21 | O-3, same period as the O-1 | No | Ch. 6 |
| Support staff for O-1A in business, education or science | O-2 not available | – | Ch. 5 A |
Frequently asked questions
- Can my O-3 spouse work in the U.S.?
- Not in O-3 status. The Policy Manual says an O-3 dependent may not accept employment in the United States pursuant to such status.
- How long can O-3 dependents stay?
- For the same period of time and subject to the same conditions as the O-1 principal.
- Can I bring a co-founder or assistant as O-2?
- Not for an O-1A in business, education or science: the Policy Manual says USCIS may not grant O-2 classification to support O-1s in those fields.
Related
Quotes are word for word from the USCIS Policy Manual, Volume 2, Part M. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.