The spouse and dependents (unmarried children under 21 years) of aliens in O-1 or O-2 status are eligible for O-3 status. They are subject to the same limitations of stay as their respective O-1 or O-2 principals.
For a beneficiary of an O-1 petition who is outside the US and who wishes their immediate dependents to accompany them to the United States (or to join them later), no official documentation from the USCIS is needed.
If the beneficiary is overseas at the time of visa application, the O-1 beneficiary may, at the time of their own visa application, show proof of marriage and/or proof of a birth certificate and apply for and receive derivative O-3 visa stamps for immediate dependents.
The petitioner for the O-1 beneficiary may include a support letter for the prospective O-3 dependents to assist in the O-3 visa application process. Such a letter should state the dependents' names, dates of birth, places of birth and citizenship and that the primary O-1 wishes their immediate dependents to stay with them while present in the United States in O status.
For an alien currently in the US in O-1 status who wishes their immediate dependents to accompany them to the United States (or to join him or her later), no official documentation from the USCIS is needed.
The alien sends a letter of invitation inviting his or her immediate dependents to join him or her in the United States along with the original I-797 verifying the alien's current O-1 status. The dependents will be required to show proof of marriage and/or birth certificates in order to receive the O-3 visa stamps.
The petitioner for the O-1 beneficiary may also include a support letter for the prospective O-3 dependents to assist in the O-3 visa application process. Such a letter should state the dependents' names, dates of birth, places of birth and citizenship and that the primary O-1 wishes his or her immediate dependents to join him or her in the United States.
Dependents must properly and timely file Form I-539/I-539A to change to or extend O-3 status.
A spouse and dependents in O-3 status are not permitted to work in the United States. A spouse and dependents in O-3 status may attend school so long as the educational program does not include employment (e.g., co-op, assistantship, etc.).