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Can I have an O-1 visa and, at the same time, an EB-2 green card application in process?

It is possible to maintain the O-1 visa while the EB-2 green card is being processed, provided that immigration laws and deadlines are followed strictly.

Written by

Victoria Harper

Editor-in-Chief

Updated on January 26, 2025
2 min read
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The O-1 visa is designed for individuals who demonstrate extraordinary abilities in their fields, allowing professionals to temporarily establish themselves in the United States to perform distinguished activities. By its nature, the O-1 can be a very valuable tool to continue working while exploring other immigration opportunities, such as obtaining a green card through categories like EB-2.

As a rule, it is possible to maintain O-1 visa status while the EB-2 green card is being processed. Although the O-1 visa is not explicitly categorized as ”dual intent,” in practice many professionals manage to transition to permanent residence without the need to interrupt or temporarily jeopardize their non-immigrant status.

It is essential, however, to be attentive to the criteria and deadlines for each stage of the process and to always maintain legal immigration status in the U.S. When balancing the maintenance of the O-1 visa with the EB-2 process, it is crucial to strictly follow U.S. immigration laws. Small oversights can complicate your status and delay or even compromise the progress of the processes.

Therefore, investing in a detailed analysis of your case by specialists in the field can help avoid future problems. It is also advisable to be wary of companies and marketing campaigns that promise miraculous results, as the complexity of the American immigration system requires individualized study based on current laws.

Remember that details and strategies may vary according to each person”s trajectory and specific situation. Staying well-informed and making decisions based on reliable sources are essential steps to achieve your immigration goals.

Learn more about O-1 Visa

Requirement
Extraordinary ability
Initial validity
3 years
Extension
1 year at a time (unlimited)
Processing
2-4 months
All about O-1 Visa
Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.

Victoria's tips

Can I have an O-1 visa and, at the same time, an EB-2 green card application in process?

It is possible to maintain the O-1 visa while the EB-2 green card is being processed, provided that immigration laws and deadlines are followed strictly.

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