O1 Visa to Green Card: The Simple (Hopefully) Process
Summary:
Transitioning from an O1 visa to a Green Card involves navigating complex steps, including eligibility verification and application processes. This blog explains the requirements, timelines, and potential challenges to help you understand the journey to permanent residency in the U.S.
Earning an O1 visa, designed for individuals with extraordinary abilities in their fields, is a significant achievement. Still, many O1 visa holders aspire to take the next step. They aim to obtain a green card and lawful permanent residence in the United States.
What does it take to transition from an O1 visa to a green card?
In this blog, we’ll answer the most common questions about eligibility and the typical timeline. We aim to make this guide as straightforward as possible while acknowledging the complexities that may arise. By the end of this guide, you’ll have a solid grasp of the process. We hope you’ll feel empowered to pursue permanent residency in the United States.
Continue reading to learn how an O1 visa leads to a green card so you can begin the journey toward citizenship.
Understanding the O1 Visa
The O1 visa is a non-immigrant visa for individuals with extraordinary abilities or achievements. It’s specifically for those who wish to come to the United States to work in their field of specialty. This might include individuals with advanced degrees in the sciences, arts, education, or business, as well as professional athletes. Likewise, individuals demonstrating extraordinary achievements in the arts, particularly the television or motion picture industry, may also qualify.
The USCIS defines extraordinary ability as ”a level of expertise indicating that you are one of the small percentage who have risen to the very top of the field.” As part of the application process, the USCIS will evaluate evidence. Their job is to determine whether your achievement is an integral part of performing your duties in the US.
The O1 visa permits individuals to remain in the country for a period of up to three years. The USCIS may grant unlimited extensions of up to one year. However, many O1 visa holders wish to continue to live and work in America without the need to reapply. Thus, they seek to apply for a green card.
Does an O1 Visa Lead to a Green Card?
An O1 visa is a temporary, non-immigrant visa based on employment in the United States. Thus, it does not directly lead to a green card. However, it can be a sound first step for those seeking permanent residency in the US.
For those who hold an O1 visa, the first step is converting your status from non-immigrant status to immigrant status. For example, you might change your status from O1 to EB1, an immigrant visa for those with extraordinary abilities. Some also pursue EB-2 status, which involves a National Interest Waiver (NIW).
EB-1 Visa for Extraordinary Abilities
Those who meet the exacting requirements of the O1 visa generally qualify for the EB-1. The Eb-1 is a self-petitioning, first-preference visa. Like the O1 visa, it is specifically for those with extraordinary abilities, as defined by the USCIS.
The EB-1 visa does not require a labor certification or a job offer in the United States. The USCIS will evaluate your EB-1 application independently from your O1 application. Still, an existing O1 visa may strengthen your case.
EB-2 Visa with National Interest Waiver
Those who can demonstrate that their work is of national interest to the United States might instead pursue an EB-2 NIW visa. This is also a self-petitioning immigrant visa. While the requirements are specific, those with an O1 visa already meet many of the criteria. According to the USCIS, approximately 80% of EB-2 NIW applicants are approved annually.
O1 Visa to Green Card Timeline & Application Process
Those pursuing a green card should begin the application process no later than 1.5 years into their visa period.
Why? Applicants technically won’t receive work authorization in the United States until they possess a green card. Thus, if an applicant wishes to continue to work in America, they must extend their O1 visa until the application goes through.
O1 Visa to Green Card Processing Time
On average, it takes 6-12 months to be approved for an EB-1 visa. It takes 10-20 months to be approved for an EB-2 NIW visa.
Once you have attained immigrant status, the next step is to file Form I-485, which is effectively your green card application. On average, it takes between 1 and 2 years to process this form, but this can vary based on many discrete factors. Thus, it’s crucial to complete the form correctly, or the form will be returned to you. If returned, the waiting period may reset and begin again.
If and when your application is approved, you will receive a physical green card. At that time, you can enjoy the rights and liberties of a citizen of the United States.
Premium Processing
With the above in mind, applicants may have the option to pay the USCIS for premium processing. Depending on the form, paying for processing guarantees a decision between 15 and 45 days. However, even premium processing will stop and reset if you are missing documentation or have filled forms out incorrectly.
Although subject to change, the current fee for premium processing is $2,805 per form.
The Fastest Route from an O1 to Green Card
Your chances of a quick approval increase when your forms and documentation are both compelling and complete. Thus, we advise most applicants to work with an immigration specialist to ensure their application will be successful. These professionals know the process and understand what the USCIS is looking for. Likewise, they should have a track record of helping individuals and families pursue their dream of American citizenship.
Are you ready to transition from an O1 visa to a green card? The team at HAYMAN-WOODWARD is ready to help. We’ll be by your side as you navigate the application process. Our goal is to ensure you become a US citizen as efficiently as possible.