Common Pathways From an O-1 Visa to a Green Card

Are you wondering what pathways exist from an O1 visa to a green card? We have summarized them for you, including EB1A extraordinary ability visa, employer sponsorship, EB2 national interest waiver, and more. Check out which path suits you best! #immigration #greencardguide #O-1 #highlyskilled #americanlife

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The O-1 visa is a nonimmigrant visa for individuals with high skills in the sciences, arts, business, education, athletics, or the motion picture and television industries. Because the O-1 visa allows dual intent, many people who obtain an O-1 visa hope to eventually get a green card. Below are the basic steps in that process.

Because the O1 visa is a nonimmigrant category, the first step to obtaining a green card is to transition from the O1 nonimmigrant category to an immigrant category. Immigrant categories to consider include EB1A, employer sponsorship, and EB5 investor, among others.

EB-1A

For O1 visa holders, the most common choice is to transition to the EB1A immigrant visa, as it is designed for individuals with extraordinary ability and has similar eligibility requirements to the O1 visa. To obtain an EB1A visa, you need to: 1) have extraordinary ability; 2) come to the United States to work in a field related to your extraordinary ability; 3) demonstrate that you will make a significant contribution to the United States. Many applicants prefer the EB1A visa because you can self-petition without needing to find an employer to sponsor you.

As mentioned above, EB1A and O1 visas have similar eligibility requirements, but this does not mean that O1 visa holders automatically qualify for EB1A. For example, EB1A requires applicants to demonstrate that they will make a significant contribution to the United States, whereas the O1 visa does not have this requirement.

The process from O1 visa to EB1A visa to green card requires first submitting Form I-140 to prove that you indeed have extraordinary ability. Then, once the I-140 is approved, if you are in the United States, you can submit Form I-485, or go through consular processing outside the United States.

Employer Sponsorship

Another option for transitioning from an O1 visa to a green card is through employer sponsorship. This requires a U.S. company to offer you a full-time job and obtain an approved labor certification (PERM) through the Department of Labor. This step is mandatory because the U.S. company must prove that they tried to hire qualified American workers but were unsuccessful. In addition, the employer must be willing and able to pay the prevailing wage for the position you will hold, meaning they cannot pay less than the appropriate wage. Once the employer obtains an approved labor certification, they will submit Form I-140 to USCIS under the EB2 or EB3 visa category. As with EB1A above, once the I-140 is approved, you can submit Form I-485 to adjust status.

EB-2 National Interest Waiver

The EB2 national interest waiver is very similar to the employer-sponsored visa mentioned above, but does not require a U.S. employer to obtain an approved labor certification and file on your behalf. This is a common choice for O1 visa holders because the EB2 national interest waiver applies to individuals engaged in work of "substantial merit and national importance," which is typically the work O1 visa holders perform. The requirements for EB2 national interest waiver are as follows:

• You must independently qualify for the EB-2 visa as an advanced degree professional or an individual with exceptional ability

• The field you plan to engage in must have substantial merit and national importance

• You must be able to advance the field

• You must demonstrate that waiving the U.S. job offer and approved labor certification requirements is in the national interest

Then, to obtain a green card through NIW, you must submit and obtain approval of the I-140 immigrant petition and the I-485 adjustment of status application.

EB-1B

Another pathway to a green card from an O1 visa is through the EB1B immigrant visa. This visa category is for outstanding professors and researchers and is ideal for O1 visa holders working in education or science. To be eligible to change status to EB1B, you need to: 1) have international recognition and outstanding performance in your field; 2) have at least 3 years of teaching and/or research experience; 3) have a job offer for a teaching or research position. Some prefer the EB1B visa because it allows a U.S. employer to hire you without obtaining an approved labor certification (which is required for the EB2 and EB3 employer-sponsored visas mentioned above). Instead, the employer can hire you by offering a job. You will then need to obtain approval of I-140 and I-485 to get a green card.

EB-5 Investor Visa

O1 visa holders can also apply for a green card by transitioning to the EB5 investor visa if you can invest at least $1 million in a U.S. business and create 10 full-time jobs for U.S. workers. If the business is located in an economically depressed area (i.e., a targeted employment area), you only need to invest $800,000 to qualify for the EB5 visa. In addition to the investment amount, EB5 visa requirements include: 1) creating your own business; 2) investing in an existing business; 3) purchasing an existing business; 4) investing in a regional center.

The EB5 visa application process requires you to submit Form I-526 to USCIS and, after approval, submit Form I-485 to adjust status. It is important to note that in the process of obtaining a green card through EB5, you will first become a conditional resident. After the two-year conditional permanent residence period ends, you must remove the conditions on your green card.

Family or Marriage Sponsorship

Finally, obtaining a green card through marriage or a family relationship with a U.S. citizen or lawful permanent resident is also an option. A legal marriage to a U.S. citizen or lawful permanent resident can make you eligible for a green card. Certain family relationships with U.S. citizens and permanent residents can also bring immigration benefits (for example, if your parents are U.S. citizens). This process requires approval of I-130 and I-485, or I-130 approval and consular processing.