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Can I Apply for EB-1A Immigration without Jeopardize My O-1 Status?

Hi William,

I am a researcher with O-1 visa, Can I apply for immigration in the category of Extraordinary Ability (
EB-1A) without jeopardize my current O-1 status?


O-1 is a non-immigrant visa category for aliens of extraordinary ability in the sciences, art, education, business, or athletics. This is an employment related visa that allows aliens to live and work in U.S. With an O-1 visa, an alien can have “dual intent.” The "dual intent” arises when a foreigner intends to immigrate to the United States at some time, while maintaining a non-immigrant status. Many nonimmigrant status require that an alien maintains a nonimmigrant intent.

With "dual intent”, an approved labor certification or a filed immigrant petition will not jeopardize a person's O-1 status or ability to obtain an O-1 visa. It will also not jeopardize one’s ability to extend their O-1 status. Also, an alien under O-1 status does not have to have a foreign residence which he or she has no intention of abandoning.

For example, under an O-1 visa, an alien applicant can stay and work in United States even though he is filing an immigration petition. Also, the O-1 status will not be jeopardized even by demonstrated intent to immigrate. In fact, he can apply for immigration as soon as he wants to after receiving her O-1 visa, because unlike holders of B, F-1 or TN status, applying for immigration even less than 60 days after arriving in the U.S. would not represent fraudulent intent to obtain a visa or entry into the U.S. if the alien holds O-1 status. Rather, He can apply for immigration while under O-1 status without any negative consequences, and he can continue working legally under her O-1 visa while he waits for approval of his EB-1A immigration application.

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