8 CFR § 214.2(o): Temporary Nonimmigrant Work Visa
Who can File and What to File
Any qualified US Employer or Agent can file Form I-129 Once the visa petition is approved by USCIS, the beneficiary can apply for an I-539 Change of Status with USCIS or US Consulate abroad. An O-2 alien must be petitioned for in conjunction with the services of the O-1 artistic or athletic alien.
- The evidence should establish the current essentiality, critical skills, and experience of the O-2 beneficiary with the O-1 beneficiary and
- that the beneficiary has substantial experience performing the critical skills and essential support services for the O-1
- In the case of a specific motion picture or television production, the evidence should establish that significant production has taken place outside the US and will take place inside the US, and
- that the continuing participation of the O-2 beneficiary is essential to the successful completion of the production.