fbpx Skip to main content

Can I apply for an EB-1 Green Card if I am in O-1 Status?

By October 27, 2021Immigration
Business man smiling while sitting in his office

O-1 visa is for individuals with extraordinary ability in the science, education, business, athletics, arts, motion picture, or television industry. For an Eb-1a green card, you have to demonstrate that you sustained national/international acclaim. O-1 visa is a dual intent visa and it’s possible to have a green card petition pending while holding an O-1 visa.

Do I have to have an O-1 visa before I apply for an Eb-1a green card?

It’s common that many people first apply for an O-1A or O-1B visa, stay in the U.S. for couple of years and work more in establishing themselves in their particular field and then apply for a green card, but it’s not required to have an O-1A or O-1B visa before applying for a Eb-1a green card. This means, that you could apply and get an Eb-1a green card even if you lived outside the US your whole life, as long as you can show that you meet the Eb-1a requirements.

Is O-1 visa a dual intent visa? Can I file a green card petition while in the U.S. on an O-1 visa?

Please note that a dual intent is permissible for O-1 visa holders – this means that you can apply for a green card and you can have an intent to move to the U.S. permanently, and this will not impact your O-1 visa (you will still be allowed to come to the US on the O-1 visa).

Additionally, the Foreign Affairs Manual specifically state that filing of an I-140 petition should not be a basis for denying your O-1 visa. You may come to the U.S. on an O-1 visa and at the same time you may be in the process of filing a green card application, and this is fine. This means, that you could even renew your O-1 visa at a Consulate while you are already at some stage of the green card process.

FREE EB-1 / O-1 Visa Resources

Click on the buttons below in order to claim your free EB-1 / O-1 Visa Guide, sign up for our free EB-1 / O-1 Visa Webinar, or watch our EB-1 / O-1 Visa videos.

Download Our EB-1 / O-1 Visa Guide
Sign Up For Our EB-1 / O-1 Visa Webinar
Watch Our EB-1 / O-1 Visa Videos

Set up an EB-1 / O-1 Visa Consultation

For a dedicated one-on-one EB-1 / O-1 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply