Changing the O-1 Visa to Green Card allows persons with extraordinary ability to live in the U.S. as permanent residents. The O-1 Visa is a nonimmigrant work visa that is given to persons with extraordinary abilities in sciences, arts, education, business, or athletics. A Green Card is a document that shows a nonimmigrant can legally reside in the U.S. indefinitely. O1 Visa holders are able to apply for a Green Card because of dual intent. Having dual intent means that nonimmigrant O1 Visa holders are legally allowed to seek permanent residence during their stay in the US.
The process of O1 to Green Card is done through employment-based immigration. Employment-based immigration visas grant Green Cards to foreign workers permanently employed in the US. Employment Green Cards available to O-1 Visa holders are applied for through employer sponsorship, self-petition, or investment. Obtaining a Green Card from O-1 Visa removes the restrictions on employment and temporary visa validity for eligible extraordinary individuals.
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How to Change Status from O-1 Visa to Green Card?
Persons with extraordinary abilities can change an O-1 Visa to Green Card through Employment. Employment-based immigration visas are Green Card Visas that permit foreign workers to permanently reside in the US. The EB-1 Visa is the first-preference employment-based immigrant visa that is most suited for the O1 Visa. The EB1 Visa is granted to persons with extraordinary ability (EB-1A), outstanding professors or researchers (EB-1B), and multinational managers or executives (EB-1C). The EB1A or EB1B categories and O-1 Visa have similar eligibility and requirements.
Here we have the procedure for converting an O1 Visa to Green Card through the EB-1 Visa.
Employer Petition
- Secure a Program Electronic Review Management (PERM) Labor Certification. The Program Electronic Review Management (PERM) Labor Certification is obtained by the U.S. employer from the Department of Labor (DOL). A PERM Labor Certification shows that there are no qualified American workers for the job position at the prevailing wage.
- File Form I-140, Immigration Petition for Alien Worker. Form I-140 is used to change O1 Visa to EB1 Visa.
- Submit Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-485 grants a Green Card from O-1 Visa.
Self-Petition
- File Form I-140, Immigration Petition for Alien Worker. Form I-140 changes an O1 Visa to EB-1A or EB-1B Visa.
- Submit Form I-485, Application to Register Permanent Residence or Adjust Status. Form I-485 changes O1 Visa to Green Card status.
Another way to remove the requirement for the PERM Labor Certification when changing O1 Visa to Green Card through Employment is to obtain a National Interest Waiver. A National Interest Waiver proves that your proposed endeavor and qualifications benefit the U.S. enough to do without a PERM Labor Certification. You get an EB-2 Visa instead of the EB1 Visa with a National Interest Waiver. The EB2 Visa is the second-preference employment immigrant visa for persons with advanced degrees and exceptional ability. The process of O1 to EB2 Visa follows the procedure of self-petitioning if you have a National Interest Waiver.
O-1 Visa holders have another employment Green Card Visa that they can apply for without sponsorship. The EB-5 Visa is the fifth-preference employment immigrant visa for foreign investors. The minimum investment requirement should lead to at least 10 full-time jobs for American citizens.
Here we have the process for converting an O1 Visa to EB5 Green Card.
- Filing Form I-526, Immigrant Petition by Alien Investor to the U.S. Citizenship and Immigration Services (USCIS). The I-526 petition should show that the minimum required capital has been invested or is the process of investment in a U.S. business. The investment should be from legal sources of funds such as income, business profits, loans, inheritance, or gifts. The business plan must prove that at least 10 jobs will result from the EB-5 investment.
- Submitting Form I-485, Application to Register Permanent Residence or Adjust Status to obtain a conditional green card valid for 2 years for the O1 Visa holder and their dependents.
- Filing Form I-829, Petition by Investor to Remove Conditions on Permanent Residence within the 90-day period prior to the second anniversary as an EB 5 Visa holder in the US. Form I-829 grants an unconditional green card for 10 years for the O1 Visa holder and their dependents.
How Long Does it Take to Change Your Status From O-1 Visa to Green Card?
The average processing time from O-1 Visa to Green Card is 18 to 30 months. The processing time depends on the method of your application, the priority date for your country, and the service center. The O1 to Green Card process is longer for applicants from India and China who are experiencing over 10 years of delay in the application.
What are the Requirements Needed to Change From O-1 Visa to Green Card?
These are the documents you will need to change from O-1 Visa to Green Card.
- Valid passport
- Employment offer
- Approved PERM Labor Certification
- Approved Form I-140
- Signed medical and vaccine documents
- Two US Visa photos
- Proof of your extraordinary ability and achievements
- Letters from prior employers
- EB5 minimum investment
- EB-5 petition with a business plan and proof of legal source of funds
- Court and criminal records, if any
When Can You Apply for Green Card Visa After O-1 Visa?
You should apply for a Green Card while your O1 Visa is still valid. The O-1 Visa is valid for the length of time you are needed in the US. The initial validity of the O1 Visa is 3 years which can be extended indefinitely for 1-year increments. Losing your O-1 status requires you to go through consular processing from your home country for a Green Card.
How Long Does the O-1 Visa to Green Card Visa Take to Process?
The O1 Visa to Green Card Visa process takes between 18 to 30 months to process. Skipping the PERM Labor Certification stage through self-petition, National Interest Waiver, or the EB 5 Visa shortens the O-1 Visa to Green Card Visa processing time.
What is the Difference Between the O-1 Visa and Green Card Visa?
The O1 Visa and Green Card Visas are two different categories of US visas. Here are the key differences between the Green Card and O-1 Visa.
- Visa type. The O1 Visa is a nonimmigrant work visa for a temporary stay in the US. The Green Card Visas are under immigrant classifications that allow permanent residence in the US.
- Validity. The O-1 Visa is valid for an initial 3 years. The Green Card Visas are valid for 10 years and can be renewed to maintain permanent resident status.
- Work restrictions. The O1 Visa holder is limited to working for the employer that sponsored their petition and only for the duration of their O1 status. Green Card Visa holders can work anywhere without restrictions and sponsorship in the US.
Is the O-1 Similar to the EB1?
No, the O-1 is a different visa type compared to EB1. The O1 Visa is a nonimmigrant visa type while the EB-1 Visa is an immigrant visa. The similarities are in the eligibility requirements of these two visas. Both O1 and EB1 Visas qualify persons with extraordinary ability and achievements to enter the US for employment purposes. Here are the key differences between the EB-1 Visa vs O-1 Visa
- Visa type. The O1 Visa is a temporary nonimmigrant work visa for persons with extraordinary ability. The EB1 Visa is an immigrant employment visa for persons with extraordinary ability, outstanding professors or researchers, and multinational managers or executives
- Validity. The O-1 Visa is valid for an initial 3 years and can be renewed unlimitedly for 1-year increments. The EB-1 Visa is valid for 10 years and can be renewed to maintain permanent resident status.
- Work restrictions. The O1 Visa holder cannot work for any employer other than the sponsoring employer for the O-1 Visa. EB1 Visa holders can work for any employer without sponsorship.
Do You Need O-1 Visa to Apply for Green Card Visa?
No, an O-1 Visa is not necessary for obtaining Green Card Visa. Green Cards are available for foreign citizens that qualify under the eligibility criteria for Green Card Visas specified by the U.S. Citizenship and Immigration Services (USCIS).
What is the O-1 Visa?
The O-1 Visa is a nonimmigrant visa for persons with extraordinary abilities in sciences, arts, education, business, or athletics. The O-1 Visa category classifies a person as having extraordinary ability if he/she has national or international recognition in form of awards and achievements. The O1 Visa is dual intent. Dual intent allows O1 Visa holders to legally process permanent residence in the U.S. while on a nonimmigrant visa.
What is Green Card?
A Green Card (Permanent Resident Card) is a document showing that a non-US citizen is allowed to live permanently in the US. A Green Card removes restrictions on portability, education, and employment which are typical conditions of nonimmigrant visas. You are able to sponsor your family for Green Cards as a permanent resident. You are eligible for US citizenship after 3 or 5 years of being a Green Card holder.
Who is Eligible for an O-1 Visa?
The O1 Visa eligibility is specific to the person’s field of expertise. The O-1 Visa has two subcategories. Persons with extraordinary ability in the field of sciences, education, arts, business, or athletics are classified under the O-1A category. Persons with extraordinary ability in arts are classified under the O-1B category.
An O1A Visa applicant must meet at least 3 of the following to be eligible for the O1 Visa.
- Have a national or international award such as a Pulitzer Prize or an Olympic medal.
- Been the subject of a publication in the professional, major trade, or major media due to your merits and work.
- Have membership in organizations that recognize extraordinary abilities and achievements in a specific field of practice.
- Contributed original work in the educational, scientific, or business fields that led to their advancement.
- Acted as a judge individually or in a panel to evaluate the work of others in your field.
- Published scholarly articles in professional journals or major media.
- Worked for an esteemed organization or institution in an essential or critical capacity.
- Commanded a high remuneration or salary for your services.
An O1B Visa applicant must meet at least 3 of the following to qualify for an O-1 Visa.
- Received or will receive a national or international award such as an Oscar, Emmy, or Grammy.
- Performed or will perform for a distinguished event.
- Have a record of significant commercial or critical successes.
- Recognized by critics, organizations, or government agencies as an outstanding individual in your field.
- Commanded or will command a high remuneration or salary for your services.
Who is Eligible for a Green Card Visa?
Green Card Visas come in different categories each with its own eligibility criteria. These are the Green Card eligibility categories from the USCIS.
- Green Card through Family. For immediate relatives of US citizens, relatives of permanent residents, fiancé(e)s of US citizens, or widow(er) of a US citizen.
- Green Card through Employment. For immigrant workers or immigrant investors.
- Green Card as a Special Immigrant. For religious workers, Afghan or Iraqi government employees, or international broadcasters.
- Greed Card through Refugee or Asylee Status. For asylees and refugees admitted at least 1 year ago.
- Green Card for Human Trafficking and Crime Victims. For persons with T or U nonimmigrant status.
- Green Card for Victims of Abuse. For victims of battery or cruelty.
- Green Card through other Categories. For persons covered by the Diversity Immigrant Visa Program, Liberian Refugee Immigration Fairness, or Cuban Adjustment Act.
- Green Card through Registry. For persons who have continuously resided in the US since before January 1, 1972.