For individuals with extraordinary abilities, transitioning from an O1 visa to an EB-1 green card can provide greater stability and long-term benefits. This article offers a comprehensive guide on the process of moving from O1 visa to EB-1 green card status and outlines potential challenges and essential considerations.

The Transition Process:

  • Eligibility: To begin, O1 visa holders must confirm their eligibility for an EB-1 green card. The most applicable category for O1 visa holders is the EB-1A Extraordinary Ability, although some may also qualify for EB-1B Outstanding Professors and Researchers or EB-1C Multinational Managers or Executives categories.
  • Filing the I-140 Petition: The applicant or their employer must submit an I-140 Immigrant Petition for Alien Worker to the United States Citizenship and Immigration Services (USCIS). This petition should include evidence of the applicant’s extraordinary ability, outstanding accomplishments, or managerial/executive experience.
  • Adjustment of Status or Consular Processing: Following I-140 petition approval, applicants within the United States can file an I-485 Application to Register Permanent Residence or Adjust Status. Those outside the United States must apply for an immigrant visa through consular processing at a U.S. embassy or consulate.

Challenges and Considerations:

  • Maintaining O1 Status: While transitioning to an EB-1 green card, it is crucial to maintain a valid O1 status. Applicants should ensure their O1 visa remains valid and continue working for their O1 visa employer until their green card application is approved.
  • Processing Times: The transition from an O1 visa to an EB-1 green card can take several months or longer, depending on USCIS processing times and visa availability. It is essential to plan accordingly and anticipate potential delays.
  • Dual Intent: Under 8 CFR 214.2(o)(13), an intent to remain temporarily in the United States is a requirement for O-1 classification.  However, an applicant for an O-1 visa does not have to have a residence abroad which they do not intend to abandon.  Further, “dual intent” is permissible for O-1 visa holders.  These same standards apply to O-3s accompanying the O-1 principal applicant.
  • Family Members: The transition process may also impact the applicant’s family members’ legal status. 

Transitioning from an O1 visa to an EB-1 green card offers significant benefits for individuals with extraordinary abilities but comes with its challenges and considerations. By understanding the process, maintaining a valid O1 status, and preparing for potential delays, applicants can successfully navigate the transition and secure a stable future for themselves and their families in the United States.