22 CFR §41.55
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Requirements for O classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(O) if:
- (1)The consular officer is satisfied that the alien qualifies under the provisions of that section; and either
- (2)With respect to the principal alien, the consular officer has received official evidence of the approval by DHS of a petition to accord such classification or of the extension by DHS of the period of authorized stay in such classification; or
- (3)The consular officer is satisfied the alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.
- (b)Approval of visa. The approval of a petition by DHS does not establish that the alien is eligible to receive a nonimmigrant visa.
- (c)Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.
- (d)Alien not entitled to O classification. The consular officer must suspend action on the alien's application and submit a report to the approving DHS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(O) is not entitled to the classification as approved.