Chapter 6 – O1 Visa Spouse Benefits *

Rights of Spouse and Children of O-1 Visa Holders

The spouse and children of O-1 holders will be given O-3 status.  This can be quite a limiting status because the spouse and the children will not be granted work permits to work in their own right. Therefore, in order for the spouse and children to obtain employment they must qualify for a work visa in their own right, which can be difficult. This having been said, because they will be able to remain in the US for as long as the principal remains in O-1 status they can look for employment opportunities and apply for an appropriate visa. Your immigration attorney will need to consider the case of each family member to see if they have sufficient qualifications themselves to qualify for a work visa.

A general rule of thumb should be that unless the family member has a bachelor’s degree or is a bona fide skilled worker they may have to consider attending college until such time as the O-1 achieves green card status or the individual family member acquires sufficient education or skills to strike out on their own.

Conclusion:

The O-1 and the EB1 visas are excellent options for consideration because they offer so much potential for all those who qualify. By following the various check lists you will be able to help us immensely in this application. We hope you have found this overview informative and helpful. However, if you have any further questions whatsoever, please do not hesitate to contact me personally.