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Is the O-1 Visa a “Dual-Intent” Visa? Can I Seek a Green Card While on the O-1 Visa? Can I Renew My O-1 Visa While I Have a Pending Green Card Petition?

By February 14, 2020May 20th, 2021Extraordinary Ability, Immigration
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The O-1 nonimmigrant visa is for individuals who show they are extraordinary in a particular field.   For more information about O-1 petitions, please click here.

The O-1 visa allows individuals to live and work in the United States for a temporary period of three years, and is renewable indefinitely. Similar to the H-1B and L-1 visas, it is recognized as a “dual-intent” visa, which means that it allows you to concurrently seek to become a green card holder.

For details on what some of the key differences are between the H-1B and O-1, please click here.

With some non-immigrant visas (Eg. TN, F-1) renewal and/or entry to the U.S. may be difficult when a green card petition is pending.  A dual intent visa means that you may come to the United States for a temporary period with the visa and leave and reenter the U.S. while having a pending petition for a green card at the same time.  In addition, the O-1 visa does not require you to maintain a residence abroad which you do not intend to abandon (such as for the J-1, F-1 and other nonimmigrant visas).

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