The O1 visa is a nonimmigrant visa that allows individuals with extraordinary ability in certain fields to work in the United States for a temporary period of time. However, many O1 visa holders eventually decide to stay in the U.S. permanently and apply for a green card. In this blog post, we’ll highlight the steps needed to move from an O1 visa to a green card.
Determine Eligibility
Before applying for a green card, it is important to determine eligibility in terms of sponsorship and whether visas held in the past prior to O1 status preclude the filing of a green card. If eligible, there are several ways to obtain a green card, such as through family sponsorship, self-sponsorship, or through employment sponsorship. Given the nature of qualifying for O1 status, O1 visa holders may be particularly eligible for an employment-based green card through the EB1 or EB2 categories.
Gather Required Documents
Applying for a green card requires gathering certain documents, such as a birth certificate, passport, and other forms of identification, along with evidence necessary to demonstrate the qualifying nature of the underlying immigrant petition (either PERM, I-130, or I-140). For O1 applicants pursuing a self-petition or employment sponsorship under EB1 or EB2 NIW, evidence of extraordinary or exceptional ability in a particular field of endeavor through documentation such as awards, publications, and other achievements will need to accompany basic application materials. Current O1 visa holders will also be required to provide evidence of maintenance of status in the U.S. in the form of pay stubs and tax returns.
Choose a Qualifying Green Card Category
As mentioned earlier, O1 visa holders may be particularly eligible for an employment-based green card, such as the EB1A or EB2 category given the nature of having qualified for approval for O1 status. Applicants should choose the category that best fits their situation and qualifications, keeping in mind that sponsoring employers may have internal immigration policies that are geared more toward one green card category but that self-petitions may remain viable alternatives.
Apply for the Last Part of the Green Card
To apply for the last step in the green card process, you will need to complete and submit Form I-485, Application to Register Permanent Residence (otherwise known as Adjustment of Status), along with all required documents and fees once the U.S. Department of State’s monthly visa bulletin confirms eligibility based on the qualifying green card application. An applicant for adjustment may also need to undergo a medical examination, have biometrics taken, and attend an interview.
Maintain O1 Visa Status During the Green Card Process
While a green card application is pending, it is important for all applicants to maintain underlying nonimmigrant visa status. This means that O1 visa holders should continue working for the O1 visa sponsor and abiding by the terms of the visa. O1 visa holders should also note the importance of staying within the U.S. while the I-485 is pending until at least work and travel cards are issued from the adjustment filing. This is the case even if the applicant has a valid O1 visa stamp in their passport given the lack of dual intent recognition to the O1 visa.
Wait for a Decision
The green card application process can be lengthy, so it is important to be patient and wait for a decision. If your application is approved, you will receive your green card and become a permanent resident of the United States.
Converting from an O1 visa to a green card can be a complex process, but with proper preparation and guidance, it is possible to successfully obtain a green card. It is important to determine your eligibility, gather all required documents, choose the appropriate green card category, and maintain your O1 visa status during the application process. Working with an experienced immigration attorney can go a long way toward ensuring a smooth application process and successful outcome.
