An assistant or other support worker accompanying an O-1 artist, athlete, or other qualifying individual may be eligible for O-2 classification if the person meets the category’s specific requirements. The fact that someone works for a celebrity or has an important job title does not automatically qualify the person for an O-2 visa.
What does O-2 status require?
O-2 classification is intended for qualifying individuals who accompany and assist an O-1 principal. Depending on the O-1 field, the support worker generally must be an integral part of the relevant performance or activity and have critical skills and experience with the O-1 that are not of a general nature and cannot be readily performed by other workers. Motion picture and television productions have distinct requirements, including considerations concerning significant production experience and essential skills.
The case must be supported by the appropriate US petitioner and evidence. The petition may need to explain the support worker’s duties, experience with the O-1, why the support is essential, and how the work relates to the events or activities covered by the O-1 petition. A job title such as “personal assistant” is not enough on its own.
What if the assistant does not qualify for O-2?
The answer is not automatically a B-1 visitor visa. B-1 classification is for permitted temporary business activities, such as certain meetings, consultations, contract negotiations, or other activities specifically allowed by the applicable rules. It is not a general visa for a person who intends to take a US job or perform ordinary productive employment.
The correct immigration category depends on the actual duties, the employer, the source of remuneration, the length and purpose of the visit, and any other relevant facts. A person should not perform work in the United States based solely on the assumption that a visitor category is an alternative to a work visa.
What evidence should be evaluated?
The petitioner should assess the relationship between the support worker and the O-1 principal, the worker’s specialized experience, the proposed itinerary and duties, the applicable consultation requirement, and the evidence showing why the person’s support is necessary. The standard differs depending on whether the O-1 principal is in the arts, athletics, motion pictures, or television.
Bottom line
An assistant to an O-1 principal may qualify for O-2 status only if the legal criteria are met. If the facts do not support O-2 classification, the next step is to analyze another category that actually permits the proposed activities—not to assume that B-1 authorizes employment.
Sources
- 8 CFR §214.2(o): https://www.ecfr.gov/current/title-8/section-214.2
- Department of State, Temporary Worker Visas: https://travel.state.gov/content/travel/en/us-visas/employment/temporary-worker-visas.html
- Department of State, B-1 allowable activities: https://travel.state.gov/content/travel/en/us-visas/business/b-1-fact-sheet.html