O-1 Visa Holders Can Pursue Green Card Without Violating Nonimmigrant Status, O-1 Visa, O1 Holders, O1 Green Card, O1 Violating, O-1 Nonimmigrant Status

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O-1 Visa Holders Can Pursue
Green Card Without Violating Nonimmigrant Status

Hi William,

I am in O-1 status now, and plan to submit EB1 Extraordinary Ability application. Will it jeopardize my ability to request to extend my O-1 status in the future?

Answer,

A pending or approved green card application will not jeopardize your O-1 status extension. Because the O-1 visa is widely considered "dual-intent friendly" for extraordinary ability petitions, USCIS will process your extension regardless of your immigrant intent.

O-1 holders can pursue permanent residence without violating nonimmigrant status. Having a pending I-140 (Immigrant Petition) or I-485 (Adjustment of Status) is not grounds for an O-1 denial.

O-1 is a non-immigrant visa category for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. This employment related visa allows qualified aliens to live and work in the United States. Significantly, under O-1 status, a foreign national can have “dual intent,” an intention which renders certain other types of non-immigrant status invalid.

“Dual intent” arises when a foreign national intends to immigrate to the US at some point, while presently maintaining non-immigrant status. Many types of legal nonimmigrant status require that the alien seeking and maintaining such classification have nonimmigrant intent, rather than immigrant intent. In other words, such aliens may not intend to remain permanently in the U.S. without jeopardizing their nonimmigrant status.

However, aliens under O-1 status are not subject to this requirement. Rather, they can legally maintain “dual intent.”Thus, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa. It will also not jeopardize one’s ability to request to extend their O-1 status. Further, according to the Immigration and Nationality Act, an alien under O-1 status does not have to have a foreign residence which he or she has no intention of abandoning.