TPS Application while O1-A pending

[gojorge]

I currently have an O1-A petition pending for an employee that I'm looking to hire. Unfortunately, his current visa expires on December 31 and we still haven't heard back from USCIS on the pending petition. My potential hire has a Venezuelan passport and has real risk of returning to Venezuela at the end of his visa. Is it possible to file an emergency TPS petition to try and keep him in the United States?

[newacct]

By "visa" do you mean "status"? (Visas are only for entry.) So you filed an I-129 for him, and requested Extension of Stay or Change of Status on the I-129? If so, since the I-129 was filed before his status expired, he can stay in the US for as long as the application is pending.

If he qualifies for TPS, he can definitely also apply for TPS, and he can stay in the US while that application is pending, as well as apply for an EAD while it is pending.