O1 Visa to Green Card - The Ultimate Guide

Summary of O1 extraordinary ability visa

The O-1 is a temporary, non-immigrant visa designed for extraordinary individuals with achievements in science, arts, business, education, or athletics to work in their field of expertise.

The visa is granted for up to three years initially, with the possibility of extensions. Applicants for the O-1 visa must demonstrate extraordinary ability through evidence of sustained national or international acclaim and recognition in their field. Applicants must also be sponsored by U.S. employers.

These extraordinary individuals include artists, musicians, actors, directors, screenwriters, make-up artists, tattoo artists, set designers, photographers, choreographers, entrepreneurs, educators, athletes, scientists, and engineers who bring their talent to the United States.

Different categories of Green Cards

O1 visa holders can apply for different types of green cards based on their situation. Most of the time, EB-1A, EB-2 National Interest Waiver, and EB-2 PERM are the most preferable green card types for O1 visa holders. Consult an immigration attorney to find out what is the best green card option for you.

• EB-1A Extraordinary Ability Green Card

  EB1 extraordinary ability visa is an employment-based immigration category that is reserved for foreign nationals who have demonstrated exceptional expertise in sciences, arts, education, business or athletics.

  EB-1A is usually the most popular green card category for O1 visa holders because its priority date is always current and it allows self-petition. One major advantage of the EB-1A visa is the ability to skip the labor certification requirements which will significantly reduce the waiting time for the application. 

  In addition, the eligibility criteria for both the EB-1 and O1 visas are closely related. Both visas require applicants to demonstrate extraordinary accomplishments at a national or international level. However, the EB-1 visa takes the definition of "extraordinary ability" to the next level. Apart from demonstrating substantial contributions to the U.S., EB-1 applicants must also be the best in their respective fields.

• EB-2 Green Card

The EB2 visa is an employment-based immigration visa category in the United States that is reserved for foreign nationals who possess an advanced degree (Master’s or Ph.D.) or have exceptional ability in the sciences, arts, or business. It is worth noting that unlike the EB1 visa, the EB2 visa category does not extend to O-1 visa holders who have exceptional ability in education and athletics. 

EB-2 visa applicants require employer sponsorship and must undergo the process of obtaining permanent labor certification (PERM) prior to the EB-2 petition.

• EB-2 National Interest Waiver

The EB2 National Interest Waiver (NIW) is a shortcut to obtaining an EB2 green card. In addition to meeting qualifications of the EB-2 visa, applicants must demonstrate that their presence in the United States would be in the national interest and their work has “substantial merit and national importance”. If the applicant meets these criteria, they can skip the labor certification process and self-petition. 

O1 To Green Card Application Process

EB-1A, EB2 NIW

STEP 1: File I-140, petition for Alien Worker

O1 visa holders or employers can start by filing an I-140 form. 

STEP 2: Submit I-485, the adjustment of status

For EB-1A applicants, except for citizens of China and India, the priority date is always current. After the I-140 form is approved, O1 visa holders or employers can submit form I-485. 

When I-485 is approved, applicants will receive their green cards mailed to their addresses. 

EB2

STEP 1: Apply for labor certification (PERM)

Employers must apply for PERM to indicate:

1. There are not enough U.S. workers who are able, willing, qualified, and available at the time of need; and

2. The employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers (PERM Labor Certification Rule, 20 CFR §656.20(a)(3).

STEP 2: File I-140, petition for Alien Worker

Employers will file I-140 after the labor certification is approved.

STEP 3: Submit I-485, the adjustment of status

Employers can submit form I-485 after the priority date becomes current. 

When I-485 is approved, applicants will receive their green cards mailed to their addresses. 

Questions? Talk to an O-1 Visa lawyer.

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