He can apply, but in most likelihood it will be denied due to the immigrant intent.
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In order qualify for most visas (except certain employment visas), you must show that you do not intent to remain in the US. Unfortunately, this presumption of "immigrant intent" is built in to the regulations.
A person whose spouse lives in the US and who is already established their intent to eventually immigrate (as evidenced by your I-130 immigrant petition for him) will have a difficult time obtaining a visa. It's not impossible, but it is a dramatically different situation that if you were not in the US and/or if you had not applied for his residence.
You should consider consulting with an attorney to see if there are any other options (such as an H-1B visa or particular facts about your situation that make it worth crafting a student or visitor visa application).
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