The O-3 visa is a U.S. nonimmigrant visa for family members of O-1/O-2 visa holders. It lets a legally married spouse or unmarried child under 21 accompany an O-1 or O-2 worker in the U.S. O-3 dependents receive the same period of stay as the primary O-1/O-2 worker (typically 1–3 years, extendable). O-3 holders may reside in the U.S. and study (full- or part-time) without additional visas.
Note: O-3 visas are non-immigrant family visas – there is no annual numerical cap.
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What is the O3 Visa?
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Who Can Apply for an O-3 Visa?
1. Eligible Applicants: Only the spouse or unmarried children (under 21) of a valid O-1 or O-2 visa holder qualify. Children must be biological or legally adopted and unmarried.
2.Dependent Status: O-3 status mirrors the O-1/O-2’s status. If the O-1/O-2 worker leaves the U.S. or loses status, the O-3 status ends automatically. O-3 applicants must demonstrate their family relationship (e.g., marriage or birth certificates) to the O-1/O-2 holder.n>
Benefits of the O-3 Visa
- The O-3 Visa allows the spouse and children of O-1 or O-2 visa holders to live, study, and travel freely in the United States.
- Live in the U.S. — Dependents can stay with the primary O-1 or O-2 visa holder for the full visa duration.
- Study Without Restrictions — O-3 visa holders can attend school or college full-time or part-time without needing extra authorization.
- Free Travel — Multiple entries to and from the U.S. are allowed as long as the visa remains valid.
Contact Our Immigration Consultant
Navigating the O-3 visa process in California requires careful preparation. Our Fremont, CA immigration team specializes in family visa cases and can help you and your family at every step. We assist with document preparation, DS-160 filings, Form I-539 submissions, and consulate interview preparation.
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Frequently asked Questions
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What is the O-3 visa?
It is a nonimmigrant family visa for dependents of O-1/O-2 visa holders. Only the spouse or unmarried children (under 21) of an O-1/O-2 worker qualify . O-3 dependents can stay in the U.S. as long as the O-1/O-2 remains in status
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Who is eligible for an O-3 visa?
A legally married spouse or an unmarried child under age 21 of an approved O-1 or O-2 applicant. Children must be biological or legally adopted . There is no separate salary or job requirement for O-3 dependents; eligibility is solely based on the relationship to the principal visa holder.
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Can an O-3 spouse or child work or study in the U.S.?
O-3 visa holders may not work under any circumstances . They can study however: spouses and children on O-3 status may enroll in U.S. schools or universities (full-time or part-time) without additional authorization . K-12 schooling is permitted for children, and adults can pursue degrees or language programs.
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How long does the O-3 visa last?
The O-3 visa’s duration matches the O-1/O-2 visa. Typically, it is granted for the same initial validity (often 1–3 years) as the principal’s stay, and can be extended or renewed along with the O-1 petition . If the O-1 holder’s petition is extended, dependents may file to extend their O-3 status to remain legally in the U.S.
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What documents are needed for the O-3 visa application?
Applicants need a valid passport, a completed Form DS-160 (for consular applicants), visa fee receipt, and a passport photo . They must also provide proof of relationship to the O-1/O-2 holder: a marriage certificate for spouses or a birth certificate for children . Additionally, include copies of the O-1/O-2 holder’s approval notice (Form I-797) and visa/I-94, and any other documents showing the O-1’s ongoing status
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How do I apply for the O-3 visa?
First ensure the O-1/O-2 petition is approved . Then, from outside the U.S., submit DS-160 and attend a consular interview (with the documents above). From inside the U.S., file Form I-539 (with USCIS) to change status . Expect to attend an interview (for consular cases) or wait for USCIS processing. Our Fremont office can guide you through each step to help ensure a smooth application.
