Dual O-1 Visa And Green Card Applications
Depending on the overall merits of your case it may be advantageous or strategic to make a dual application. Basically, the criteria for the O visa and making a green card application based on the client’s extraordinary ability are very similar. Some might argue that the threshold is slightly higher in the case of a green card application. In truth, the matter is technically argumentative, which is ‘lawyer speak’ for ‘can be argued either way’. Nevertheless, where the client’s case is very well suited for an O visa, it is possible to simultaneously apply for what is called a priority worker EB1 class green card as well. The EB1 option is only worth doing if the client ultimately wishes to become a permanent resident in the US and settle there.
1. The advantage of applying for both at the same time is: - The combined attorney fees are lower because much of the evidentiary worker (preparing the documentary evidence of extraordinary ability) overlaps.
2. If the client were accepted for both then the client would obviously go for the green card over the O-1.
3. As an EB1 green card holder, the spouse and children (unmarried or under 21) would all get green card status also, and be able to do what ever they liked. Whereas, the O-1 does not create working opportunities for the spouse and children, they must qualify in their own right.
4. As an O-1 holder, you must have an agent or sponsor of some kind offering you work in the US, whereas the EB1 holder does not, and they can just arrive and set up on their own.
As you can see, although the O-1 is an excellent visa, the benefits of EB1 status are that much greater.
Entertainers Visa Guide: O1
- O1-Entertainers Visa
- Extraordinary vs. Exceptional Talent
- Non-Immigrant vs. Immigrant Visas
- Dual O-1 Visa And Green Card Applications
- The Ideal O-1 Candidate
- Demonstrating Your O-1 Credentials
- Checklist For Aliens of Extraordinary Ability in Arts
- Checklist For Aliens of Extraordinary Ability in Motion Picture and Television
- Checklist For Aliens of Extraordinary Ability in Science, Business, Education and Athletics
- You Need A Sponsor
- How Long Can The O-1 Last For?
- Can the O-1 Be Upgraded To Green Card Status?
- Dual Intent
- Rights of Spouse and Children of O-1 Visa Holders
- Conclusion