Article
7 min read
Living in the US on O-3 Visa Status
Immigration
Author
Jemima Owen-Jones
Published
October 09, 2024
Last Update
October 09, 2024
Table of Contents
What is the O-3 visa, and who qualifies?
Applying for O-3 status
Benefits of O-3 status
Limitations of O-3 status
Obtaining legal work authorization as an O-3 visa holder
Alternative visa options for O-3 visa holders
Becoming a US permanent resident
Applying for a bank account without a social security number (SSN)
Explore your work authorization options with Deel Immigration
The O-3 visa allows the spouse and unmarried children (under 21 years) of O-1 and O-2 visa holders to accompany their family to the United States. However, the O-3 has significant restrictions that make navigating life in the US on O-3 visa status challenging.
Unlike the H-3 visa for H-1B dependents and the L-2 visa for H-1B dependents, the O-3 visa does not allow spouses or children to work in the US.
In addition, O-3 visa holders cannot obtain a social security number (SSN), which makes it difficult to set up a US bank account and complete other tasks in the US.
What is the O-3 visa, and who qualifies?
O-3 is a subset of the O visa category in the United States. The purpose of the O-3 is to enable family members of O-1 and O-2 visa holders to move to the US with the primary applicant.
To qualify for O-3 status, you must be the spouse or unmarried child (under 21 years of age) of someone with O-1 or O-2 visa status.
Applying for O-3 status
The O-3 application process differs based on whether you’re changing status to O-3 from inside the US or planning to enter the US on O-3 status. Dependents in the US can change status by filing Form I-539, Application to Extend/Change Nonimmigrant Status.
Families applying for more than one O-3 dependent can submit a Form I-539A application for each additional dependent along with the original I-539 for the first dependent.
To apply for O-3 status from outside the US, O-3 dependents must accompany the primary applicant to their visa stamping appointment at a US consulate or embassy abroad.
Benefits of O-3 status
O-3 visa status enables holders to:
- Temporarily relocate to the US with their O visa holder
- Unlimited entries into the US for the duration of O visa status
- Study at a US school or institution
- Change status to another US visa status without needing to reenter the US
- Apply for an immigrant visa
- Adjust status and become a green card holder (if qualified)
Limitations of O-3 status
O-3 visa status does not enable holders to:
- Work while in the US (for a US or foreign company)
- Receive an SSN, which can make it challenging to:
- Open a US bank account
- Fill out a renter application
Work From Anywhere
Obtaining legal work authorization as an O-3 visa holder
Immigrants on O-3 status are not allowed to work in the US, regardless of whether they work for an American or foreign company. The only way to obtain legal work authorization is to change to another immigration status, such as a work or student visa. Alternatively, O-3 holders can apply for a green card.
Alternative visa options for O-3 visa holders
O-3 visa holders can explore the following visas to obtain work authorization:
- F-1: One of the most common ways O-3 visa holders obtain work authorization is through an F-1 student visa. Although the F-1 is a student visa, F-1 holders can become eligible for CPT, OPT, and STEM OPT work authorization, depending on the area of study
- O-1: If qualified, O-3 visa holders can change status to O-1. Applicants must satisfy at least three O-1 criteria and have a US employer willing to sponsor their visa petition
- H-1B: The H-1B is one of the most common US work visas. An O-3 visa holder can change status to H-1B if they meet the H-1B requirements, have a sponsoring employer, and get selected in the annual H-1B lottery
Becoming a US permanent resident
The best solution for many O-3 visa holders is to remain in O-3 status and wait to become a permanent resident (green card holder).
There are several ways to qualify for US permanent residence, but most O-3 holders apply as a dependent on an employment-based green card. Their O-1 or O-2 visa-holding family member must qualify for an employment-based immigrant visa, such as the EB-1A or EB-2 NIW. After the approval of the immigrant visa, the applicant and qualified family members can file a green card application.
Waiting to become a permanent resident as an O-3 visa holder has one downside. The green card process can take a long time, depending on country of birth, priority level, and USCIS processing times.
From the time a dependent enters the US on O-3 status, it could be several years or more before an O-3 visa holder can work on their green card. However, many green card applicants apply for an Employment Authorization Document (EAD) concurrently with their green card.
EADs are issued in advance before the green card, allowing immigrants to begin working on the EAD more quickly.
Applying for a bank account without a social security number (SSN)
Many US banks require customers to provide a US SSN before opening an account. This may make it seem impossible for O-3 visa holders to open a US bank account. However, there is a way around the SSN requirement.
Most banks allow customers to open an account with an Individual Taxpayer Identification Number (ITIN) instead of an SSN. The ITIN number can be used not only to apply for a bank account but also to pay taxes.
To obtain an ITIN, O-3 holders can file Form W-2 with the US Internal Revenue Service (IRS).
Explore your work authorization options with Deel Immigration
O-3 visa status allows family members of O-1 and O-2 visa holders to travel together to the United States. While O-3 holders cannot be employed, there are ways that they can obtain a green card or work visa after relocating to the US on O-3 status.
If you are exploring work authorization solutions for yourself or a family member, schedule a free consultation with the Deel Immigration team. We can walk you through your options and point you to the best resources to help you achieve your goals in the US.
About the author
Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.