Want to transfer O-1 Visa to Green Card? Here is everything you must know about converting your O-1 Visa to Green Card
The O-1 visa permits foreigners who are highly skilled to work and live in the United States of America (USA) for long periods. The O-1 visa holders have a greater advantage compared to most of the temporary work visa holders to the US as this visa permits its holder to apply for a Green Card.
Read: Can We Expect 9 Million Skilled Job Vacancies In The USA?
The O-1 is a non-immigrant visa that allows a foreign national to stay and work in the USA for 3 years. The work these visa holders do will be in their particular area of expertise. You are allowed to renew this visa as many times as you want. However, permanent residency is not permitted under the O-1 visa.
The O-1 visa has a great advantage attached to it. This is a dual intent visa. This means this visa permits its holders to apply for a Green Card in the USA.
Read: The US Family Based Green Card – Everything You Must Know
The O-1 visa falls under the dual intent visa category. This means you won’t face penalty charges while applying for a Green Card in the USA while you are under this visa.
This is a non-immigrant visa and in general, you are not allowed to apply for a green card while under a non-immigrant visa. To get a non-immigrant visa you must give enough proof regarding your intention to leave the USA once your visa term expires. The proof may be anything like having a residence of your own in your home country.
This visa acts as proof of your intention to stay in the USA permanently while you are on a temporary visa status. You have the right to apply for a visa status change without actually affecting your status as a non-immigrant.
Green Cards to the USA come in different categories.
The Employment-Based Green Card is the better choice if you are an O-1 visa holder. An employer in the USA has to sponsor you when you first apply for an O-1 visa. So you should choose the Employment-Based category when you’ve decided to change your O-1 visa status to Green Card.
The Employment-Based Green Cards have different types of visas under them. One such visa is the EB-1 visa. This is a Green Card given to those people with outstanding achievements and extraordinary skills. This green card is for outstanding professionals like:
This green card is also issued to extraordinarily talented people in the field of:
The O-1 visa is a non-immigrant visa issued for outstanding achievements and it would make sense to opt for the EB-1 visa while deciding to apply for a green card.
The EB-1 visa is further classified into the following.
When transferring your O-1 Visa to EB-1 Visa most of the applicants opt for the EB-1A category (Green Card)
The EB-1A visa is issued to international workers with outstanding accomplishments and extraordinary skills and abilities. To qualify for this category of Green Card you need to complete two different tests.
To qualify for this test you must submit proof that you’ve been awarded a Nobel Prize or you’ve won an Olympic medal or you need to satisfy at least 3 among the requirements given below (extraordinarily talented in your field).
This test is to assess you are one of those highly accomplished professionals in your field.
To make a compelling petition you must define your area of specialism as quite narrow yet without any compromise on credibility. You should also be able to provide enough proof of your top-level position in your area of specialization.
Besides, you must convince the authorities on how your work can be remarkably beneficial to the USA.
Once you’ve successfully met all the requirements for eligibility you can apply for your Green Card. There are three ways by which you can do so.
You need to get an employer who is willing to file a petition on your behalf for the EB-1 visa.
You can choose to self-petition for this visa as the USCIS permits applicants to do so.
Another way to apply for a Green Card through an O-1 visa is by proving that your work and achievements are of national interest to the USA.
In case you are applying from another country you need to follow the steps given below.
Read: H1B Visa Process Of Selection To Be Amended
The processing time required for EB-1 visa applications is anywhere between 6-12 months in general. However, certain factors could further delay the time required. These include:
You can also check the availability of premium processing while filing your application for an EB-1 visa. Once your Green Card (EB-1 visa) has been approved you can legally reside in the US permanently. No longer do you have to keep applying for O-1 visa extensions. Green Card will also give you access to home financing, better education, and can choose to apply for citizenship in the USA after five years.
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