Can You Obtain a Green Card with an O-1 Visa?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The O-1 visa, designed for individuals with extraordinary abilities, offers many professional artists and academics the opportunity to work in the United States. In this article, I will address the question, “Can you obtain a Green Card with an O-1 visa?”, along with the following topics:

• What is an O-1 Visa?
• What is a Green Card and Why is it Important?
• The Connection Between O-1 Visa and Green Card
• Pathways to Apply for a Green Card with an O-1 Visa

In this article, you will find answers to the topics listed above. If you have additional questions, feel free to ask them in the comments section of this blog or reach out to us through our website. For inquiries about other matters, you can also contact me directly via LinkedIn.

What is the O-1 Visa?

The O-1 visa is a special work visa granted to individuals with extraordinary abilities in fields such as arts, science, education, business, and sports. It allows O-1 visa holders to live and work temporarily in the United States. The initial work period is typically valid for 3 years, with the possibility of 1-year extensions for justified reasons.

Additionally, the O-3 visa is available for the spouses and children under 21 years of age of O-1 visa holders. So, who in these industries can apply for the U.S. O-1 visa?

• Arts: Musicians, actors, painters, and other creative professionals.
• Science: Researchers and scientists with notable academic achievements.
• Business: Executives and entrepreneurs.
• Sports: Professional athletes with international accomplishments.

The U.S. O-1 visa application is divided into two categories: O-1A and O-1B.

• O-1A: Designed for professionals with extraordinary abilities in fields such as science, business, and similar areas.
• O-1B: Tailored for artists, serving as the O-1 artist visa for individuals in creative professions.

What is a Green Card, and Why is it Important?

A Green Card is an official document that grants individuals the right to live and work permanently in the United States. Officially known as “Permanent Resident Status”, it allows holders to reside and work in the U.S. without being tied to a specific visa type. Additionally, Green Card holders are eligible to apply for U.S. citizenship.

This document also provides access to many social services and allows holders to sponsor family members. For those making long-term plans, a Green Card is highly significant. Its associated rights and additional benefits make it an attractive option for professionals worldwide.

Green Card Application Process

The Green Card application process is a detailed and carefully monitored procedure. With multiple pathways available, the process for professionals varies depending on the chosen route. For employer-sponsored applications, critical steps such as PERM Certification are required. Additionally, applicants must complete Form I-485 for status adjustment.

• PERM Certification: This step involves the employer proving that the position cannot be filled by the U.S. labor market.
• Form I-485: This is the application form that formalizes the applicant’s request for a status adjustment.

Green Card Fees

Applying for a Green Card involves specific costs, and planning for these expenses in advance is crucial for a smooth process. Proper preparation helps avoid unexpected financial surprises. The typical fees include:

• Filing Fees: Between $1,200 and $1,500.
• Biometric Processing Fee: $85.
• Form I-485 Fee: $1,140.

The Connection Between O-1 Visa and Green Card

A Green Card can be obtained with an O-1 visa, but it is not mandatory. However, it offers a significant advantage for transitioning to permanent residency. Individuals who can demonstrate their extraordinary abilities may apply for a Green Card through various pathways.

Transitioning from O-1 Visa to Green Card

The O-1 visa offers significant advantages for obtaining a Green Card. Individuals with proven extraordinary abilities often qualify to apply directly through the EB-1 category. Employer sponsorship or family connections can also support this transition.

Does the O-1 Visa Require a Green Card?

The O1 visa is a temporary work visa in the United States, so a Green Card is not mandatory. However, for individuals planning to work and live in the U.S. long-term, applying for a Green Card is recommended. This not only secures your legal status permanently but also grants you additional rights and benefits.

Pathways to Apply for a Green Card with an O-1 Visa

O1 visa holders can apply for a Green Card if they successfully demonstrate their extraordinary abilities. The process can be initiated through the EB-1 category or employer sponsorship. But what do these pathways entail?

1. EB-1 Category: Individuals who have demonstrated extraordinary abilities can directly apply for a Green Card through the EB-1 category, without the need for employer sponsorship.
2. Employer Sponsorship: O1 visa holders can apply for an Employment-Based Green Card with the sponsorship of their U.S. employer.
3. Family Connections: A family member who is a U.S. citizen can act as a sponsor for the O1 visa holder’s Green Card application.

While a Green Card is not mandatory for O-1 visa holders, transitioning from an O-1 visa to a Green Card is entirely possible. For any questions regarding this process, feel free to reach out through the comments section of this blog or via the CK Law Firm official website. Additionally, for discussions on specific topics, you can message me directly on LinkedIn.