Can I hold an E-3 and an O-1 visa at the same time?

Asked 11 months ago - San Francisco, CA

I'm on an E-3 visa and have been recently offered agent representation to be an actor. I have an extensive portfolio in Australia and have held an O-1 in the past. Can I hold both an E-3 and an O-1 at the same time? I don't want to give up my day job, but would like to go to auditions for gigs part time.

Additional information

If I can't hold two statuses at the same time, is there an option for me to continue my employment under the E-3 and still get acting gigs?

Attorney answers (4)

  1. Alexander Joseph Segal

    Contributor Level 20

    3

    Lawyers agree

    Answered . And other 55 different visas if you are eligible for each separately, applied and got those approved. You can only enter in one status at a time though which fits the purpose.

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  2. Jay Ignacio Nunez

    Contributor Level 16

    1

    Lawyer agrees

    Answered . No. You can file for change of status though. Consult with an experienced attorney who handles O-1s regularly.

  3. Vidal Luis Cordova Jr.

    Contributor Level 10

    1

    Lawyer agrees

    Answered . You cannot hold two different non-immigrant visa categories simultaneously, but if your agent wishes to file an O-1 on your behalf (and assuming you meet the criteria for extraordinary ability in the arts), then your agent can file a change of status application on your behalf. You would not be able to begin work on the O-1 until the petition is approved. But you may be able to go on auditions while on the E-3 as long as you're not engaging in employment that is outside of the scope of your E-3. I recommend you speak with an experienced employment-based attorney to guide you through this process. Thank you.

    This information is not intended to create an attorney-client relationship, as the information provided is... more
  4. Harry Asatrian

    Contributor Level 15

    Answered . I don't see why not. But obtaining an O-1 in acting is not so easy. I would certainly consult with an immigration attorney who is familiar with O-1 visas. Good luck.

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