O-1 visa filed while I'm on B-2 — O-3 for my wife and children through an embassy abroad: what are the risks?

I’ve been reading a lot of denials and appeals for O-1 cases and got to thinking about one option. I enter on a valid tourist visa, file an O-1 petition with an attorney, and then my wife and kids get O-3s at the embassy in the country where we currently live and come join me. Is this a workable scheme or are there serious pitfalls?

It’s a workable scheme, but keep the 90-day rule in mind — if you apply immediately after entering, they might slap you with a misrepresentation charge.

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