An 0-2 visa is a non-immigrant visa for persons who act as assistants of those with 0-1 visas. However, not all 0-1 visa holders are allowed to bring their assisting staff or personnel. Only those who are into Television, film, motion pictures or athletics can bring their personnel along to the US.
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0-1 visas are for persons with extraordinary abilities. These abilities can be in art, science, business, education, motion pictures or television. However, upon being nationally or internationally recognised, these people will require as much assistance as they can get to ensure things are in order. This is where the 0-2 visa holders come in.
This package however is not open to those who operate in the educational, business or science field.
The good thing about this is that your spouse, children or any other family members are permitted to follow a 0-2 visa holder. To the US, they’d be placed on the 0-3 visa status. The US employer filing the petition for the 0-2 visa will also be required to file that of the 0-3 visa holders.
This relative must however show proof of Relationship with you, before the petition can be approved. Although the 0-3 visa holders are not allowed to work, they can attend school or college.
This however means that the petition and approval of the 0-2 visa are solely dependent on the 0-1 visa.
Requirements for Application of the 0-2 Visa
As an 0-2 visa holder, you have to understand and have knowledge about whatever skill the 0-1 holder possess. You need to show that you’re essential personnel who is ready to be of great assistance to the 0-1 visa holder.
However, at the advent where you possess higher skill or expertise above the 0-1 visa holder, you are not allowed to utilise those skills. You are only allowed to demonstrate skills, knowledge and experience that is required of you.
This position to be occupied by a 0-2 visa holder is a temporary position and such person has to present proof that he or she has permanent residence elsewhere.
The employers in the US know that these 0-1 visa holders are very talented and they are aware of how busy they’d be as such they will require an assistant.
This means that whoever their assistant will be, will be highly valuable to the career and success of the 0-1 visa holders, therefore they will not want to be a hindrance to that success as such, they, including the US Consulate, has made available the 0-2 visa for these assistants and personnel.
Without the 0-1 visa holder having a job in the US, the 0-2 visa cannot stand a chance. This means that the 0-2 visa holder is directly connected to the 0-1 visa holder. The employer sponsoring the 0-1 visa holder will also sponsor that of the 0-2, they will both become employees in the US.
However, asides from working for the 0-1 visa holder, the 0-2 visa holder can enrol to study as a part-time student in the US.
There are several criteria and requirements a prospective 0-2 visa holder must possess before being approved as one. They include;
- The 0-2 candidate must be a very critical part of the 0-1 performance, works a d success.
- Being an assistant to a 0-1 visa holder means you’re conversant with his skills and have a level of knowledge as well as an understanding of the said skills. This, therefore, means that before you’re qualified for the visa, you should have first-hand experience of the art, skills and knowledge of the 0-1.
- You are required to only work with someone who has a valid 0-1 visa and no other jobs, even if the art is related.
- In order to show how serious a 0-2 visa prospect should be, you must show proof that you’re ready to work in the US alone and also show proof of residency in another country asides the US.
How to Apply for the 0-2 Visa
There are several steps to apply for the 0-2 visa. However, the employer has to first go through the first step of the application before the employee takes over at the US Embassy in their home country.
Filing the Employement Petition
This is the first step which will first be done by the US employer who is hiring the 0-1 and 0-2 visa holders. However, for the 0-2 visa application, the employer will fill and complete Form 1-129 as well as the Application for Non-immigrant workers which will be submitted to the USCIS.
Without this form being filed, you the 0-2 visa holder will not be able to stay and work to assist the 0-1 visa holder in the US. Therefore, this form ensures you work in the US as you assist the 0-1 visa holder. You can also run a part-time course.
After filling the Form I-129, it should be sent to the USCIS within the next 45days or within 6months. This should not be more than 6 months before the employment has been set.
The fee for filing this petition is usually determined by the USCIS and it differs each year. This fee is paid by the employer who automatically is responsible for any fee that concerns petitioning.
Furthermore, the employer must submit proof that you’re the perfect person for the job and that you have first-hand knowledge, skills and experience required in the art displayed by the 0-1 visa holder.
This proof will come in the following manner:
- An opinion letter coming from an organisation or peer group which you are a part of. This organisation or peer group must be certified. This opinion letter will show that of a surety, you are very qualified for the job and no other person can occupy the position which you occupy. This letter will contain statements that says you’re very qualified both in skills and experience and no US employees can take your place or be as effective as you are. This letter describes the skills, experience, knowledge and your relationship with the 0-1 visa holder.
- There should be a contract between you and the 0-1 visa holder, prior to the time of application by the US employer. This contract should be either a written or oral contract. However, a written contract is better for proper documentation. But if it’s an oral contract, you are required to bring or submit a summary of what was said. The main point showing proof of the agreement between you and the 0-1 visa holder.
- A proper description of your job will be given to you. This description contains details of dates of work, events to attend and other things you are expected to carry out as your duties.
- There will be a proper review of whatever documents are sent to the USCIS. This will be after the US employer must have sent the petition to them. After which the USCIS will make a decision whether to accept or reject the petition. If it gets approved, the employer will proceed to get Form 1-797. This form states the notice of Action, which means the employee can proceed with the procedure in his country of residence at the US Embassy.
File Form DS-160
This is an online form filled for all US non-immigrant visas. This online form gets you to give information about your background and your intentions for visiting the US. After filling it, you’ll be given a confirmation page and code with which you’ll attach to your documents and send to the embassy.
Pay the Visa Fee
You’ll proceed to pay the visa fee and every other related fee depending on the country you’re applying for. This fee must be paid before you proceed with your application. Make sure to get receipts of every fee paid so as to attach them to your documents which will be submitted to the embassy.
Scheduke and Attend your Interview
All Nonimmigrant US visa applicants must pass through this process. This interview will take place at the US Embassy in your country of residence, with an Embassy official handling your application process.
However, to get invited for the interview, you must first schedule it. It is advisable to schedule the interview as soon as possible to avoid delay. When you schedule the interview, you will get an interview confirmation letter, this has to be with you on the day set aside for the interview.
At this stage, staff will verify the information on your application, then you will get final approval or denial on your visa application. Remember, before going for the interview, you’re to gather the necessary documents such as:
- A passport photograph that is valid.
- Confirmation code for DS 160
- A picture that follows and complies with the picture requirements from the Embassy.
- The interview confirmation letter
- Proof that all the fees have been paid in full.
- Form I-797
- Evidence of contract with the 0-1 visa holder, either oral or written.
- Evidence or documents showing you possess the unique skills and knowledge needed to assist the 0-1 visa holder while he or she does his job in the US.
- Evidence showing you intend to return to your country of residence at the completion of your job duration in the US. This document will possess family members contact information, contract of employment in your home country or even a property deed.
- In a situation where you intend to bring a family member along, you’re to present proof of Relationship with the said family member while you file for 0-3 dependency visa petition.