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Dual Intent


8 CFR 214.2(O)(13)


Summary

An applicant is allowed to be seeking permanent status in the US while applying for or holding an O Visa.

Pre-Amble

[8 CFR 214.2] Special requirements for admission, extension, and maintenance of status;
(o) Aliens of extraordinary ability or achievement;

Law Text

(13) Effect of approval of a permanent labor certification or filing of a preference petition on O classification. The approval of a permanent labor certification or the filing of a preference petition for an alien 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. 8 CFR 214.2(O)(13).

Related Caselaw

o-1 visa lawyer    None.