Filing, admission and keeping status
What goes in the petition, change of status, validity, grace periods, extensions and family members.
Last reviewed against the USCIS Policy Manual on
What the petition includes
Required evidence (Policy Manual)
A petitioner must include the following with the petition: - Evidence specific to the particular classification sought; - Copies of any written contracts between the petitioner and the beneficiary or, if there is no written contract, a summary of the terms of the oral agreement under which the beneficiary will be employed; - An explanation of the nature of the events or activities, the beginning and ending dates for the events or activities, and a copy of any itinerary for the events or activities; and - A written advisory opinion(s) from the appropriate consulting entity or entities.
“The consultations are advisory in nature only and are not binding on USCIS. A negative advisory opinion does not automatically result in the denial of the petition, as decisions must be based on the totality of the evidence.”
Changing status inside the U.S.
“The beneficiary cannot work in the new nonimmigrant classification until USCIS approves the petition and the change of status request.”
Applying for the visa at a U.S. consulate abroad follows State Department rules, which are not in our sources yet.
Admission and validity
“A beneficiary may be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may engage in employment only during the validity period of the petition.”
“USCIS does not consider a beneficiary in O-1 status to have failed to maintain nonimmigrant status solely because of the cessation of the employment on which the visa classification was based for a period of up to 60 days or until the end of the authorized validity period, whichever is shorter.”
Extensions
“USCIS may authorize an extension of stay in increments of up to 1 year for an O-1 or O-2 beneficiary to continue or complete the same event or activity for which the beneficiary was admitted, plus an additional 10 days to allow the beneficiary to get their personal affairs in order.”
“Where a petitioner requests to extend the stay of an O-1 or O-2 nonimmigrant based on a new event or activity (whether or not the employer has changed), USCIS may authorize an extension of stay for a period determined to be necessary to accomplish the new event or activity, not to exceed 3 years.”
“There is no limit to the number of extensions of stay USCIS may approve for the same beneficiary.”
Changing employers
“If an O nonimmigrant in the United States seeks to change employers, the new employer or agent must file a Petition for a Nonimmigrant Worker (Form I-129) to authorize the new employment and, if applicable, request to extend the beneficiary’s stay.”
Family members
“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-3 dependents (Policy Manual)
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. 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.
Quotes are word for word from the USCIS Policy Manual. Practitioner tips are common practice, not USCIS rules. For informational purposes only, not legal advice.