How to Transition from an O1 Visa to a Green Card
If you’re holding an O1 visa and looking to make the U.S. your permanent home, transitioning from an O1 visa to a Green Card is a significant step. This process opens the door to long-term residency, more employment flexibility, and the potential for U.S. citizenship.
In this article, we’ll explore the benefits of making the switch to from an O1 visa to a Green Card, and the different pathways you can take depending on your situation.
What is the O1 visa?
The O1 visa is a temporary work visa designed for individuals with extraordinary abilities or achievements in areas such as the arts, sciences, business, education, athletics, or the motion picture and TV industry. The initial O1 visa duration is up to three years, and can be renewed in three year increments.
While there is no specific limit on the number of times you can renew an O1 visa, you will need to show that you meet the O1 visa requirements for each extension to remain eligible.
The length of validity for the O1 visa typically depends on how long it will take to accomplish the specific projects or events.
Benefits of Transitioning from O1 Visa to Green Card
If your goal is to have long-term residency in the U.S., you may want to explore options for transitioning from O1 visa to green card.
Having a green card comes with many advantages, such as:
- Permanent residency: Allows you to work and live in the U.S. indefinitely.
- Freedom to change jobs: Offers flexibility to change employers (or be self-employed), compared to the O-1 visa where you must work in your field, for an employer.
- Family benefits: Gives you the ability to sponsor your family, giving them the ability to work and live in the U.S.
- Path to U.S. citizenship: If you meet certain residency requirements, you could obtain U.S. citizenship.
Since the O1 visa is categorized as a “dual intent” visa, you can pursue a green card while you are in the U.S. working and living under an O1 visa.
Understanding Dual Intent and Its Importance
The concept of “dual intent” is important here because for many non-immigrant visa categories (like the O1 visa), you are required to show that you only have a temporary purpose for coming to the U.S., and that you intend to return to your home country.
However, dual intent visas allow you to express a desire to stay in the U.S. permanently in the future, while living there temporarily. Essentially, you can start the process of O1 visa to green card without jeopardizing your non-immigrant status!
Top 5 Pathways to a Green Card from O1 Visa
Since the O1 visa is a non-immigrant visa, it doesn’t directly lead to permanent residency in the U.S. (aka, a green card). In order to go from O1 visa to green card, you need to transition from a non-immigrant classification to an immigrant classification.
Path 1: O1 visa to EB1-A visa
Transitioning from an O1 visa to an EB-1A visa involves showing your extraordinary ability or achievements in your field. The EB-1A visa is very similar to the O1 visa and is commonly used as a way to go from O1 visa to green card.
The process includes gathering evidence showing you meet the EB1A visa requirements, filing an immigrant petition (Form I-140) along with supporting documents, and filing for adjustment of status or consular processing.
The EB1A visa category allows you to self-petition, which means you don’t need an employer to sponsor you!
Path 2: O1 visa to EB1-B Visa
Another pathway to go from O1 visa to green card is by applying for the EB1-B visa. The EB1-B visa category is specifically for professors and researchers who have demonstrated outstanding achievements and contributions.
The process includes gathering evidence showing you meet the EB1B visa requirements, filing an immigrant petition (Form I-140) along with supporting documents, checking the visa bulletin to see whether a green card is available, and filing for adjustment of status or consular processing.
Path 3: O1 visa to EB2-NIW visa
You can also transition from O1 visa to green card by obtaining an EB2 NIW visa, which is designed for people with an advanced degree or exceptional ability, and who can demonstrate their work is of national interest to the U.S.
Like the EB1A, the NIW (aka “National Interest Waiver”) allows you to self-petition, which means you don’t need an employer to sponsor you!
The process includes gathering evidence showing you meet the EB2 NIW requirements, filing an immigrant petition (Form I-140) along with supporting documents, checking the visa bulletin to see whether a green card is available, and filing for adjustment of status or consular processing.
Path 4: Labor Certification (PERM)
A viable option to go from O1 visa to green card is through employer sponsorship of a “PERM” Labor Certification green card case. In order to sponsor you for a green card, the employer needs to offer you a full-time job in the U.S. and get an approved labor certification through the Department of Labor. This certification essentially proves that the employer made attempts to hire a qualified U.S. employee, but was unable to find one – therefore, they need to hire and sponsor you!
You can learn more about the PERM process your employer must undergo in our EB3 visa guide.
Path 5: Family sponsorship
An alternative pathway to transition from an O1 visa to a green card involves marriage or family relationships with a U.S. citizen or permanent resident.
You are eligible to get a green card based on marital status if you enter into a genuine marriage with a U.S. citizen or permanent resident (you can’t simply marry someone for immigration benefits).
You could also get a green card through family sponsorship, which involves the family member in the U.S. filing a petition on your behalf.
O1 Visa to Green Card Processing Time
The processing time for transitioning from an O-1 visa to a green card can vary depending on which path you take.
Let’s take a look at the timing for each step:
| I-140 Petition Processing Time | Average processing time for an I-140 petition is five to six months. |
| Priority Date (Visa Backlog) | Timing for Priority Date eligibility varies widely and is based on the Visa Bulletin published by the U.S. Department of State. |
| Adjustment of Status (AOS) or Consular Processing | AOS from within the U.S. takes on average 1-2 years to process, while Consular Processing from outside the U.S. takes on average 6-12 months. |
Keep in mind that processing times are subject to change, and multiple factors can influence the overall timeline. For the most up-to-date information about O1 visa to green card processing time, check the USCIS and U.S. Department of State websites.
How Manifest Law Can Help
As we’ve just seen, there are many paths you can take to go from an O1 visa to green card! An experienced immigration lawyer can help you determine which option is best for you, as the requirements and eligibility for each vary. They can also help you collect all of the right documents and ensure your application is accurate, making the O1 visa to green card process smoother and easier.
At Manifest Law, our immigration lawyers have extensive experience with all visa types and green card cases, and thoroughly understand the process of going from an O1 visa to green card. We provide flexible payment plans of up to 6 months, a visa-approved or money-back guarantee (terms apply).
