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How does an O-1 petition affect a pending I-526 petition?

If I have an I-526 pending, am I am able to apply for an O-1 visa in the interim? And if I earn an O-1 visa, does it provide a green card for my spouse and minor children like the EB-5 visa does?

Answers

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    Answered on

    You may get some questions because the O-1 is nonimmigrant and the I-526 is part of an immigrant process, but, technically, should not prohibit nonimmigrant visas from being awarded. The O-1 by itself will not give you a green card but is very similar to the EB-1 (extraordinary ability) immigrant process.

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    Answered on

    O-1 and EB-5 are two different visas. O-1 is not a green card and cannot lead to a green card; it will always be a non-immigrant visa. Although, an O-1 applicant may seek green card later. However, he or she is not green applicant right from the beginning when the O-1 application is filed. On the other hand, an EB-5 is a green card petition right from the beginning and upon approval; the petitioner will ultimately get a green card if he or she meets all the requirements.

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    Answered on

    O-1 is a nonimmigrant visa, which is different from the EB-5, where it does not grant you permanent residency. Therefore, the O-1 visa would not be able to give you a path to the green card on its own. However, the O-1 can be rather versatile as it provides for dual-intent. In other words, your intent to immigrate to the United States would not preclude you from successfully obtaining an O-1 visa. The same cannot be said about the F-1 or B-1/B-2 for example. Since you have already submitted an I-526, that is evidence of your intent to immigrate, which may make it difficult for you to obtain an F-1 or B-1/B2. Therefore, if you fit the criteria for an O-1, it may be worthwhile to consider while you wait for your I-526 to be approved.

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    Answered on

    An O-1 petition will not in any way impact your pending EB-5 investor petition on Form I-526. If your O-1 petition is approved, it simply means that your family members can enter the United States in O-2 dependent nonimmigrant status while you are waiting for the approval of your I-526 petition. An O-1 does not provide a green card; it simply provides an interim, temporary, nonimmigrant visa status.

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    Answered on

    O-1 is fine while the I-526 pending, but it is a nonimmigrant status. If you want the equivalent green card category for O-1, it is EB-1A filed with the I-140 as an extraordinary ability foreign national.

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    Answered on

    An O-1 is a work permit and does not adversely impact the EB-5; however, it does not lead to a green card. There is a separate EB-1A that is a higher level than an O-1 that will provide a green card for you and your family, including minor children.

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    Answered on

    Yes - "dual intent" is permissible for O-1 visa holders. An applicant for an O-1 visa DOES NOT have to have a residence abroad that he/she does not intend to abandon; however, there must still be a "temporary intent" for the specified entry under the O-1.

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    Answered on

    It should probably be okay. The regulations explicitly state that the filing of an EB petition "shall not be a basis for denying an O-1 petition, a request to extend such a petition, or the alien''s application for admission, change of status, or extension of stay. The alien may legitimately come to the United States for a temporary period as an O-1 nonimmigrant and depart voluntarily at the end of his or her authorized stay and, at the same time, lawfully seek to become a permanent resident of the United States." The O-1 visa does not in and of itself provide a green card for you or your dependents. You may, however, qualify for an EB-1A petition independently from your EB-5 petition. It might be worth taking a look at that possibility given that EB-1 does not have conditional residency, a key advantage over EB-5.

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