When applying for extraordinary ability visas such as the O-1 or EB-1A, many individuals aren’t just planning their careers they’re thinking about their families too.
The good news? Yes, eligible family members can accompany the principal applicant to the United States, though their rights and visa types vary depending on the category.
In this article, Marsan Akguc Law Firm explains how family members of O-1 and EB-1A visa holders can legally reside in the U.S., what benefits they may receive, and how the application process works.
What Is the O-3 Visa for Family Members of O-1 Holders?
The O-1 visa is a temporary work visa for individuals with extraordinary ability in fields like science, art, business, or athletics.
Their spouses and unmarried children under the age of 21 may join them under a separate category known as the O-3 visa.
Key Features of the O-3 Visa:
- Only available to spouses and dependent children of O-1 visa holders
- No work authorization is granted
- Educational enrollment is allowed (K-12, college, or university)
- Valid as long as the O-1 visa remains active
- Can be applied for abroad or through a change of status within the U.S.
- Interview process is generally straightforward and tied to the O-1 petition
The O-3 visa allows families to stay together and build their lives in the U.S. during the O-1 holder’s authorized period of stay.
What Rights Do EB-1A Visa Holders’ Family Members Have?
The EB-1A visa leads directly to a U.S. Green Card, meaning the principal applicant and their qualifying family members receive permanent residency.
Family Benefits Under EB-1A:
- Spouse and unmarried children under 21 become lawful permanent residents
- They gain the right to work and study freely in the U.S.
- Enjoy freedom to travel in and out of the U.S.
- Eligible to receive a Social Security Number, open bank accounts, and more
- Time spent in permanent residency applies toward future citizenship eligibility
All family members receive independent Green Cards, offering them full legal rights as residents.
Can Family Members Access Education and Healthcare in the U.S.?
Yes but the level of access depends on the type of visa the family holds.
Under the O-3 Visa:
- Children can attend public schools tuition-free
- May enroll in college or university, though financial aid may be limited
- Can obtain private health insurance for medical access
- Federal health benefits (e.g., Medicaid) are generally not available
Under EB-1A / Green Card:
- Eligible for in-state tuition at public universities after residency
- May qualify for federal healthcare programs, depending on state and status duration
- Can purchase health insurance through public marketplaces
- Access to nearly all public benefits available to U.S. residents
Green Card holders enjoy nearly the same rights and social protections as U.S. citizens especially in terms of education and healthcare.
When and How Should Family Visa Applications Be Filed?
Family-based visa applications can be submitted at the same time as the principal applicant’s case or shortly thereafter, depending on the visa type.
O-1 / O-3 Process:
- Requires separate DS-160 form for each family member
- Supporting documents (passport, birth/marriage certificates) must be submitted
- O-3 is dependent on approved O-1 status
- Consular interviews or status adjustments usually completed within 2–4 weeks
EB-1A Green Card Process:
- After Form I-140 is approved, family members can file Form I-485 (if inside the U.S.) or go through Consular Processing abroad
- All family members receive Green Cards at the same time or shortly after the principal
- Work and travel authorization may be granted while the Green Card is pending
Marsan Akguc Law Firm handles full family-based filing, documentation, translations, and interview preparation ensuring your loved ones are included every step of the way.