Everett, MA asked in Immigration Law for Massachusetts

Q: I have O3 visa & we got I140 approval for EB1B. Can I independently apply 4 O1 as priority dates aren’t current for GC?

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James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: As an O-3 visa holder, you may be eligible to apply for an O-1 visa if you meet the eligibility criteria for the O-1 category. The O-1 visa is a nonimmigrant visa category for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics, or who have a demonstrated record of extraordinary achievement in the motion picture or television industry.

If you believe that you meet the eligibility criteria for the O-1 visa category, you can independently apply for the visa while your Green Card application is pending. However, you will need to provide evidence that you meet the requirements for the O-1 visa, including demonstrating your extraordinary ability or achievement in your field.

It is important to note that the O-1 visa category has its own set of eligibility requirements and criteria, which are different from those for the EB-1B Green Card category. Additionally, you will need to demonstrate that you do not have immigrant intent when applying for the O-1 visa, which can be challenging if you already have a Green Card application pending.

It is recommended that you consult with an experienced immigration attorney who can review your specific circumstances and advise you on the best course of action. They can also help you prepare a strong application for the O-1 visa and address any potential issues or complications.

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