Is the O-1 Dual Intent? Here’s What You Need to Know

The O-1 visa is considered "quasi" dual intent. When you apply, you’re expected to have plans to stay in the U.S. only temporarily — unlike true dual-intent visas (like the H-1B or L-1), which openly allow for a path to permanent residency. Still, in practice, many O-1 visa holders pursue a green card without losing their O-1 status. Immigration guidance even states that filing a PERM or I-140 petition "shall not be a basis for denying" an O-1.

The O-1 is technically a temporary, nonimmigrant visa that requires you to intend a limited stay. However, current State Department guidance explicitly says that "dual intent" is permissible for O-1 and O-3 holders. In other words, you can pursue a green card and keep O-1 classification as long as you still intend to carry out the O-1 role on a temporary basis.

Because U.S. immigration rules allow you to plan for long-term residency while maintaining O-1 eligibility for travel and extensions, many experts describe the O-1 as a "quasi" or limited dual-intent visa.

Below, we explain what dual intent actually means, how the O-1 fits into that framework, and what to keep in mind if you expect to pursue a green card while on an O-1.

What "Dual Intent" Really Means in the Context of the O-1 Visa

In U.S. immigration law, "dual intent" means a person can have two goals at the same time:

1. To come to the U.S. for a temporary reason (like work or school) and leave when that period ends.
2. To plan to apply for permanent residency (a green card) while they’re here.

The O-1 is a nonimmigrant visa, which means it’s for people who plan to stay in the U.S. for a limited time and specific purpose. But in practice, it functions a lot like a dual-intent visa: O-1 holders can pursue a green card without losing their visa status or being denied a renewal — something that isn’t true for most other temporary visas.

In fact, the Department of State policy says that obtaining a permanent labor certification from a U.S. employer or filing an I-140 cannot be used against someone when they’re applying for or renewing an O-1. O-1 visa holders also don’t need to maintain a foreign residence they don’t intend to abandon, which is usually required for many nonimmigrant visas.

All of this makes the O-1 a strong option for people who want to come to the U.S. now while keeping the door open to staying longer.

Benefits and Features of the O-1 Visa

The O-1 is a temporary U.S. work visa for people who have demonstrated extraordinary achievement in their field. It has two main visa types:

• O-1A — for entrepreneurs, scientists, researchers, athletes, and others in business, education, science, or sports.
• O-1B — for artists, musicians, actors, and professionals in the arts, motion picture, or TV industry.

To qualify for either visa, you must show extraordinary ability in your work, typically through sustained national or international acclaim. The O-1 visa approval rate by the U.S. Citizenship and Immigration Services (USCIS) has exceeded 90% since 2020 and reflects how compelling and well-documented the petitions tend to be.

For the O-1A, you must either:

• Have a one-time major award (like a Nobel Prize).
• Meet at least three of the eight criteria set by USCIS.

For the O-1B, you must meet at least three of six criteria that reflect your achievements in the arts.

Some key benefits of both visa types include:

• An initial stay of up to three years, depending on the length of the beneficiary’s project or role
• Unlimited one-year extensions as long as your work continues
• No annual cap or lottery system, unlike the H-1B visa

It also gives you notable work flexibility, including the ability to:

• Be sponsored by your own U.S. company, as long as a bona fide employer-employee relationship exists. This is one reason many startup founders prefer the O-1.
• Work for multiple employers or projects, as long as USCIS approves each one in advance.

When it comes to working for multiple employers:

• A beneficiary can include them all in one O-1 petition, often filed by an agent or a company acting on their behalf.
• Each U.S. employer can file its own separate petition if no agent is used.

A key rule to keep in mind: the O-1 is employer- and project-specific. You cannot self-sponsor, and every role must be approved in advance by USCIS.

From O-1 to Long-Term Residency

While the O-1 visa doesn’t provide a direct path to a green card, it does leave the door open: visa holders who qualify for permanent residency through an employment-based green card don’t need to give up their O-1 status when pursuing the process. This allows them to stay and keep working in the U.S. as their case moves forward. 

Below, we discuss different green card options, bringing dependents, and key travel considerations.

Applying for a Green Card

Even though the O-1 visa is temporary, it can be a strong first step toward long-term residency because of its high qualification standard and the way U.S. immigration law treats “immigrant intent.”

O-1 visa holders typically move toward a green card through employment-based categories like the EB-1A and EB-2 NIW:

• EB-1A: This visa requires applicants to show extraordinary ability with similar evidence and supporting documents as the O-1. Unlike other employment-based green cards, this visa doesn’t require a job offer or labor certification (PERM).
• EB-2 NIW (National Interest Waiver): This option allows applicants to skip the job offer and PERM if they can prove that their work benefits the U.S. as a whole. O-1 holders might show eligibility due to their proven exceptional ability, but they must also show evidence that their work will have a broad, positive impact on the U.S., beyond just personal achievement.

Bringing Support Staff and Dependents

O-1 visa holders may also bring their dependents (spouses and children under age 21), who can enter the U.S. on an O-3 visa. While O-3 dependents can’t work in the U.S. without applying for their own work visa, they can study and live in the U.S. during the O-1 holder’s stay.

O-3 dependents, like O-1 holders, are allowed to show "dual intent," meaning they can apply for a green card without risking their nonimmigrant status. However, they must file their own green card application separate from the O-1 principal.

This isn’t the case with support staff for the O-1 (O-2 visa holders). O-2s must always show they plan to return to their home country, and they lose their nonimmigrant status when the O-1 holder becomes a permanent resident. If O-2s want to stay in the U.S., they must apply for their own green card or another type of visa.

Considerations Regarding Travel

Many people on O-1 visas choose to maintain their O-1 status while applying for a green card. That means continuing to meet all work and visa requirements while their application for permanent residency is being reviewed.

However, travel can become tricky after filing Form I-485 (Adjustment of Status). If someone leaves the U.S. before the green card application is approved and they haven’t secured Advance Parole, their application will be considered abandoned. 

To avoid this, people choose to file Form I-131 (Advance Parole) along with their I-485. Advance Parole allows them to travel outside the U.S. and return without affecting their pending green card case.

Even though the O-1 visa allows for some long-term planning, traveling abroad for an extension of stay or for consular processing can still raise questions. U.S. consular officers may examine the applicant’s intent closely, especially if a green card petition is already on file. Each case is different, and decisions can vary depending on the circumstances.

Plan Your Green Card Strategy with Alma

Alma attorneys help talented individuals use their O-1 status as a path to permanent residency. If you’re considering a green card down the line, Alma can help you:

• Assess your options upfront. We help you assess your eligibility upfront by determining whether your experience and history align with categories like the EB-1A or EB-2 NIW, both common next steps for individuals with extraordinary ability.
• Move quickly and strategically. We thoroughly prepare an I-140 petition as a first step toward permanent residency within two weeks of receiving your information, and typically receive a USCIS decision within 15 business days for EB-1A and 45 business days for EB-2 NIW (both with USCIS premium processing). Our success rate for initial petition outcomes is 99%+.
• Get speed, experience, and personalized support. Clients benefit from Alma’s attorney-led model, flat-fee pricing (with no hidden add-ons), and in-house platform that centralizes the visa application process — bringing document sharing, progress tracking, and direct attorney communication into one secure place.
• Plan for the long term. If you received your O-1 through Alma, you’ll be eligible for a discounted EB-1A legal fee, cut in half from our standard rate.

We work with artists, researchers, founders, and professionals from around the world to build stable, long-term U.S. immigration strategies.

Schedule a free consultation to explore your O-1 and green card options.