O-3 eligibility
Obtaining O-3 status
O-3 extensions
Employment prohibited for O-3 dependents
Study permitted for O-3 dependents
O-3 eligibility [top]
Unmarried children under 21 years of age and spouses of O-1 employees are eligible for O-3 dependent status. Once an unmarried O-3 child turns 21, he/she can no longer remain in O-3 status. In order to remain in the U.S., he/she must change to another nonimmigrant visa status (e.g. F-1 student, B-2 visitor).
Obtaining O-3 status [top]
Dependents have 2 options for initially obtaining O-3 status:
OPTION 1: Enter the U.S. in O-3 status
O-3 dependents do not need to file any prior applications before applying for O-3 visas or applying for entry at a U.S. port of entry. Instead, they should borrow the O-1 employee’s approval notice to apply for their visas (if necessary) and to enter the U.S. in O-3 status.
Dependents should review the O-3 entry procedures for more details on obtaining O-3 status by entering the U.S. from abroad.
After O-3 dependents arrive in the U.S., the department should send copies of the following documents to FSIS so we can update our records and check that they were properly admitted to the U.S.:
- Copies of each dependent’s passport biodata/expiration page
- Copies of both sides of each dependent’s I-94 card or I-94 printout from CBP's I-94 website
- Copies of each dependent's admission stamp with notations in passport
- Copies of each dependent’s O-3 visa in passport (if applicable)
OPTION 2: Apply for a change of status to O-3 while in the U.S.
If UH is filing a petition for a change of status to O-1 on behalf of an employee, the department should ask the employee about his/her family members in case they need to change to O-3 status. Dependents must file Form I-539 to change their status to O-3.
If
dependents need to change their status to O-3, Form I-539 should
generally be concurrently filed with the employee's O-1 change of
status petition. After the dependents complete the I-539, they should
attach the required items and send the entire packet to the UH
department so it can be submitted to FSIS with the O-1 request. See
the O-3 change of status procedures for more details.
If
the spouse and/or children is/are currently outside the U.S. and will
enter the U.S. in O-3 status, he/she/they do not need to file Form
I-539. Instead, they should review the O-3 entry procedures for more details on visa application and entry procedures.
O-3 extensions [top]
Dependents have 2 options for extending their O-3 status:
OPTION 1: Reenter the U.S. in O-3 status
If
dependents are outside the U.S. when their O-3 approval expires, they can
reenter the U.S. with the necessary documents to obtain a longer O-3
period. Dependents should review the procedures for O-3 extensions by reentering the U.S. for more details on visa application and entry procedures.
After O-3 dependents reenter the U.S.,
please send copies of the following documents to FSIS so we can update
our records and check that they were properly admitted to the U.S.:
- Copies of each O-3 dependent’s passport biodata/expiration page (if passport is new/renewed)
- Copies of both sides of each dependent’s I-94 card or I-94 printout from CBP's I-94 website
- Copies of each dependent's admission stamp with notations in passport
- Copies of each dependent’s O-3 visa in passport (if applicable)
OPTION 2: Apply for an O-3 extension while in the U.S.
Alternatively, dependents can file Form I-539 concurrently with
the O-1 extension petition to apply for O-3 extensions without leaving the U.S. O-3 dependents filing Form I-539 can request the same extension period being requested on the O-1
extension petition. Once the dependents complete the I-539, they should
send it with all required supporting documents to the UH department so it can be submitted to FSIS with the
O-1 request.
Dependents should review the procedures for filing O-3 extension applications in the U.S. for more details.
If
the spouse and/or children is/are currently outside the U.S. and will
enter the U.S. in O-3 status, he/she/they do not need to file Form
I-539. Instead, they should review the procedures for O-3 extensions by reentering the U.S. for more details on visa application and entry procedures.
Employment prohibited for O-3 dependents [top]
O-3 status-holders are not eligible for employment. An O-3 dependent may change to another immigration status that permits employment if he/she qualifies for such status.
Study permitted for O-3 dependents [top]
O-3 dependents may study in the U.S. on either a full or part time basis. However, the duration of their study depends on the O-1’s period of stay. While O-3 dependents are not required to take a full course of study like F-1 students, O-3s are ineligible for F-1 benefits such as on-campus employment and practical training.
