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O-3 Dependent Visa

The O-3 visa is issued to the spouses and unmarried children under 21 of O-1 (extraordinary ability) and O-2 (support personnel) visa holders.

Overview

The O-3 visa is issued to the spouses and unmarried children under 21 of O-1 (extraordinary ability) and O-2 (support personnel) visa holders. O-3 holders may reside legally in the United States and attend school. However, unlike L-2 spouses, O-3 spouses are not eligible to apply for an EAD and therefore may not work in the United States. If an O-3 spouse needs employment, they must independently obtain their own work visa (such as H-1B) or other work authorization. O-3 status validity is tied to the O-1 or O-2 principal's period of authorized stay.

Eligibility
01

The applicant must be the legal spouse or unmarried child under 21 of an O-1 or O-2 visa holder

02

The O-1/O-2 principal must maintain valid status

03

O-3 holders may reside in the United States and attend school

04

O-3 holders may not work in the United States (not eligible for an EAD)

05

O-3 status validity is tied to the principal's authorized stay

Application Process
01

Apply with O-1/O-2 Principal

O-3 is typically included as a dependent when the principal files I-129, or may be filed separately via Form I-539.

02

Entry or Change of Status

If outside the U.S., attend a consular interview for O-3 visa. If in the U.S., file Form I-539 to change to O-3 status.

03

Maintain Status

O-3 status is extended automatically with the O-1/O-2 principal. When the principal's petition is extended, O-3 dependents are extended accordingly.

Timeline Reference
StageDuration
O-3 ApplicationConcurrent with principal
Visa Interview1-3 weeks
O-3 Status ValidityTied to O-1/O-2 principal's status
Frequently Asked Questions

No. O-3 spouses are not authorized to work in the United States and are not eligible for an EAD. This is a notable disadvantage of the O visa category. If the O-3 spouse needs employment, they must independently obtain their own work visa (e.g., employer-sponsored H-1B) or other work authorization. In comparison, L-2 spouses can apply for an EAD, and E-2 spouses are also EAD-eligible.

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01

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02

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03

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04

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Where We Handle O-3 Dependent Visa Matters
Key Terms
O-3Dependent VisaO-1O-2No EADI-539Work Restriction

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Reviewed March 2026. This page is general information, not legal advice; rely on written attorney guidance for your own matter.

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