Ways to Obtain a Green Card

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

For many people who want to live and work in the United States, a Green Card means permanent residency and is the first major step towards becoming a U.S. citizen. Holding a Green Card allows an individual to reside in the U.S. indefinitely, provides a work permit, and grants access to many social benefits. There are several ways to obtain a Green Card, and each method may vary depending on the applicant’s personal, family, or professional situation. In this article, we will discuss the most common ways to obtain a Green Card in detail:

Family-Based Green Card
Employment-Based Green Card
Investment-Based Green Card (EB-5 Program)
Green Card through Refugee or Asylum Status
Diversity Visa Program (DV Lottery)
Green Card through Fiancé Visa (K-1)

If you have any questions related to this topic, feel free to reach out through the comment section below, send me a message directly on LinkedIn, or contact me through CK Law Firm’s website!

1. Family-Based Green Card

One of the most common ways to get a Green Card is through family connections. If you have a U.S. citizen or Green Card-holding relative, this method may be right for you. However, the duration and likelihood of approval for family-based applications depend on the degree of the family relationship.

Family-Based Green Card Categories:

Marriage to a U.S. Citizen: Foreigners who marry a U.S. citizen can apply for a Green Card through marriage. This process is typically faster than other methods, but proof of a genuine relationship is crucial. The applicant must provide documents and evidence of shared life. Upon approval, a two-year conditional Green Card is granted, after which a permanent Green Card can be applied for.
Immediate Relatives of U.S. Citizens: U.S. citizens can file for their parents, children under 21, and siblings. Applications for immediate relatives are processed faster because they are not subject to annual quotas.
Family Members of Green Card Holders: Green Card holders can apply for their spouses and unmarried children. These applications usually take longer to process compared to those sponsored by U.S. citizens.

2. Employment-Based Green Card

For those working in the U.S., another way to obtain a Green Card is through employer sponsorship or applying under the extraordinary ability category. This method is ideal for qualified professionals and individuals who have received a job offer.

Employment-Based Green Card Categories:

EB-1 Category (Individuals with Extraordinary Ability): This category is for individuals with extraordinary abilities in the fields of science, arts, education, business, or sports. It also includes outstanding professors, researchers, and executives of multinational companies. EB-1 applications are processed faster than other employment-based applications.

For detailed information about EB-1 visa, you can take a look at our article on the subject!

EB-2 Category (Advanced Degree Professionals): EB-2 is for professionals with at least a master’s degree or individuals with exceptional expertise in their field. National Interest Waiver (NIW) applicants also fall under this category, where the individual’s work serves U.S. national interests, and employer sponsorship is not required.

For detailed information about EB-2 visa, you can take a look at our article on the subject!

EB-3 Category (Skilled Workers and Professionals): EB-3 is for skilled workers with at least two years of experience, professionals with a bachelor’s degree, and unskilled workers. Employer sponsorship is usually required for this category, and the application process can be longer.

For detailed information about EB-3 visa, you can take a look at our article on the subject!

3. Investment-Based Green Card (EB-5 Program)

Investors can obtain a Green Card by making a substantial investment. The EB-5 visa requires a minimum investment of $1.8 million (or $900,000 in designated economically distressed areas) and the creation of at least 10 full-time jobs for U.S. workers.

EB-5 Program Requirements:

The investment must directly or indirectly create at least 10 jobs.
After approval, the investor receives a two-year conditional Green Card. If the investment and job creation are maintained during this period, the investor can apply for a permanent Green Card.

For detailed information about EB-5 visa, you can take a look at our article on the subject!

4. Green Card through Refugee or Asylum Status

Individuals who have been granted refugee or asylum status in the U.S. can apply for a Green Card after residing in the country for one year. This type of application is often made by those fleeing persecution, coming from war zones, or experiencing serious human rights violations.

5. Diversity Visa Program (DV Lottery)

The U.S. government holds a Green Card lottery every year for immigrants from certain countries. This program allows people from underrepresented nations to immigrate to the U.S. as permanent residents. To apply, candidates typically need to have a high school diploma or relevant work experience.

DV Lottery Eligibility Requirements:

The applicant must be from an eligible country with a low immigration rate to the U.S.
A high school diploma or at least two years of work experience within the last five years is required.
Participation in the DV Lottery is free, but millions apply each year, so the odds of winning are limited.

For detailed information about DV Lottery, you can check our article on the subject!

6. Green Card through Fiancé Visa (K-1)

Individuals engaged to U.S. citizens can enter the country with a K-1 fiancé visa. This visa requires the couple to marry within 90 days of arrival, after which the foreign spouse can apply for a Green Card.

K-1 Visa Requirements:

The applicant must prove they are engaged to a U.S. citizen.
The couple must provide evidence of their intent to marry.
The marriage must take place within 90 days of entering the U.S.

For detailed information about K-1 visa, you can take a look at our article on the subject!

Conclusion

There are many different ways to obtain a Green Card, and the process can be complex depending on the applicant’s individual circumstances. Whether through family, work, investment, or even the DV Lottery, each method requires different steps and documentation. To ensure a successful application, it’s important to seek guidance from a professional.

At CK Law Firm, we are ready to assist you throughout the Green Card application process. If you have any questions or are ready to start the process, please contact us. For professional support, detailed information, and consultation services, reach out to us at cklawfirm.org, via email at info@cklawfirm.org, or on LinkedIn.

Who is Attorney Ergül Çeliksoy?

Attorney Dr. Ergül Çeliksoy is a founding partner of CK Law Firm and also serves as an Assistant Professor of Law at the University of Nottingham. With extensive experience in U.S. immigration law, Dr. Çeliksoy completed a Master’s degree in international law and human rights law at the University of Nottingham in 2017, followed by a Ph.D. at the same university. His Ph.D., completed in 2022 at the University of Nottingham School of Law, marked a significant milestone in his academic career. Dr. Çeliksoy has published extensively in leading academic journals and is internationally recognized for his expertise in modern slavery, criminal justice, and criminal law. As a member of the California Bar, Dr. Çeliksoy offers exceptional service to his clients, particularly in U.S. immigration law cases. His expertise and experience in immigration law significantly contribute to CK Law Firm’s work in this area.

Dr. Çeliksoy provides comprehensive and strategic solutions to his clients in immigration law cases, helping secure their legal status in the U.S. His work on human rights and immigration processes, particularly in modern slavery and criminal law, effectively addresses the complex legal issues immigrants face. Dr. Çeliksoy reinforces CK Law Firm’s leadership in immigration law by offering reliable and effective legal consulting services to his clients, helping them build new lives in the United States.

What are the Requirements for an O1 Visa?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The O1 visa is a prestigious immigrant visa that provides permanent residency in the United States for individuals with extraordinary abilities. This visa type is specifically designed for those who have achieved international recognition in fields such as science, arts, education, business, or athletics.

What is an O1 Visa?
What are the Differences Between O1-A and O1-B Visas?
What are the Requirements for Applying for an O1-A Visa?
What are the Requirements for Applying for an O1-B Visa?

If you have any additional questions about the O1 visa type, please do not hesitate to reach out to me via the comments section below this article, by sending a message directly on LinkedIn, or through the CK Law Firm Immigration Law Firm website, of which I am a co-founder.

What is an O1 Visa?

The O1 visa, or Individuals with Extraordinary Ability or Achievement visa, is a type of temporary employment visa available to individuals who have achieved success in science, arts, athletics, business, or education as determined by the USCIS. There are two categories under this visa type: O1-A and O1-B.

What are the Differences Between O1-A and O1-B Visas?

O-1A and O-1B visas are issued to individuals with extraordinary abilities in the United States, but they cater to different fields. Here are the primary differences between the O-1A and O-1B visas:

O-1A Visa:

The O-1A visa is for individuals with extraordinary abilities in fields such as science, education, business, or athletics.
The applicant must demonstrate extraordinary achievements in their field, evidenced by internationally recognized awards, publications, or other significant accomplishments.
This visa covers a broad professional spectrum and is often chosen by scientists, academics, recognized business leaders, top executives, and professional athletes.

O-1B Visa:

The O-1B visa is designed for individuals with extraordinary abilities in the arts, cinema, or television industries.
Applicants must provide evidence of extraordinary abilities in the arts, such as winning significant awards or participating in widely recognized projects.
This visa is commonly used by actors, singers, dancers, directors, musicians, and other artists.

What are the Requirements for Applying for an O1-A Visa?

When applying for an O-1A visa, the USCIS requires the applicant to meet specific criteria to prove their extraordinary abilities. The applicant must meet at least three of the following eight criteria:

Having Won Awards or Prizes:

The applicant must have won nationally or internationally recognized awards or prizes in their field. These awards prove the applicant’s extraordinary abilities and prominent position in their field.

Being Featured in Recognized Publications or Media:

The applicant must have articles or news features about them in recognized professional publications, mainstream media, or trade publications. These articles should showcase the applicant’s achievements and recognition in their field.

Serving as a Judge for Others’ Work:

The applicant must have served as a judge for others’ work in their field or a related field. This demonstrates the applicant’s expertise in their area of specialization.

Making Significant Contributions in the Field:

The applicant must have made original scientific, academic, or commercial contributions in their field. These contributions should bring innovations or advancements in their field.

Membership in Recognized Professional Associations:

The applicant must be a member of a recognized professional association where membership is limited to those who have shown extraordinary achievement. This membership demonstrates the applicant’s competence and prestige in their field.

Having Published Work in Recognized Professional or Trade Publications or Media:

The applicant’s work must have been published in recognized professional journals, trade publications, or other media sources. These publications should prove the applicant’s expertise and influence in their field.

Receiving High Salary or Compensation:

The applicant must have received or be currently receiving a high salary compared to others in their field. This indicates the applicant’s value and competence in their area.

Commercial or Professional Success in the Field:

The applicant must have achieved recognized commercial success in their field. These successes demonstrate the applicant’s advanced level in their career and their extraordinary abilities in their field.

Applicants who meet at least three of these criteria may be eligible for the O-1A visa. The USCIS carefully evaluates each application and expects applicants to clearly demonstrate their extraordinary abilities and achievements in their field.

What are the Requirements for Applying for an O1-B Visa?

The O-1B visa is granted to individuals with extraordinary abilities in the arts, cinema, or television industries. The USCIS requires applicants to meet at least three of the following six criteria:

Having Played a Leading or Significant Role:

The applicant must have played a leading or significant role in a recognized production. This role should demonstrate the applicant’s artistic talents and recognition in their field.

Receiving Praise from Recognized Critics, Organizations, or Media:

The applicant’s artistic talents and achievements must have received praise from recognized critics, organizations, or media outlets. These accolades should support the applicant’s extraordinary abilities.

Achieving Commercial Success or Making Significant Contributions with a Recognized Organization or Institution:

The applicant must have worked with a recognized organization or institution to achieve commercial success or make significant contributions. These successes demonstrate the applicant’s extraordinary abilities in their field.

Participating in Artistic Activities Undertaken by Recognized Institutions, Organizations, or Government Agencies:

The applicant must have participated in artistic activities organized by recognized institutions, organizations, or government agencies. These activities should provide an opportunity for the applicant to showcase their talents.

Receiving High Salary or Compensation for Their Work:

The applicant must have received or be in the process of negotiating a high salary for their work. This shows the applicant’s artistic talents’ value and market presence.

Playing a Leading or Significant Role in Recognized Artistic Groups, Organizations, or Collaborative Projects:

The applicant must have played a leading or significant role in recognized artistic groups, organizations, or projects. This role should demonstrate the applicant’s leadership and competence in their field.

Applicants who meet at least three of these criteria may be eligible for the O-1B visa. The USCIS expects applicants to provide sufficient documentation and evidence to prove their extraordinary abilities in the arts, cinema, or television industries.

Applying for an O1 visa can be a complex process, but you can increase your chances of success by following the correct steps and providing the necessary documents. If you wish, you can contact me via cklawfirm.org or LinkedIn to find out if you are eligible for an O1 visa through our free consultation service. All you need to do is send us your CV. We will review your CV and get back to you within 24 hours.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is recognized for his expertise in immigration law and U.S. asylum applications. Kılınç completed his Master’s degree at Southern Methodist University Dedman School of Law and is a member of the Missouri Bar Association, with a focus on U.S. immigration law.

Attorney Kılınç’s extensive knowledge and experience in immigration law have significantly contributed to CK Law Firm’s success in this field. He has actively participated in the preparation of over 1,000 cases, demonstrating his expertise in this area. By providing comprehensive and professional legal support to his clients, he helps them adapt to their new lives in the U.S.

Attorney Kılınç is also well-versed in U.S. asylum applications. He meticulously guides his clients through the process and ensures they receive the best legal advice. He provides top-quality service to clients in matters of citizenship, Green Card, work permits, and other immigration processes, supporting them from start to finish on their journey to U.S. citizenship.

Attorney Asım Kılınç, who solidifies CK Law Firm’s leadership in immigration law and U.S. asylum applications, offers reliable and effective legal consultancy services to clients, assisting them in building a new life in the U.S.

Who Can Apply for an EB2/NIW Visa?

By Ergul Celiksoy, Immigration Attorney at CK Law Firm

The EB2/NIW Green Card visa is an immigrant visa designed for individuals who can make significant contributions to the United States. This visa offers permanent residency without requiring employer sponsorship, making it particularly suitable for experts in fields such as science, technology, engineering, medicine, and business.

If you are considering applying for a Green Card in the U.S. but are unsure whether the EB2/NIW visa is the right choice for you, we recommend reading this article until the end. Below, we will cover the following key topics:

Eligibility Criteria for the EB2/NIW Visa
Required Documents for Application
Application Process Steps
Key Advantages of the EB2/NIW Visa
Why Choose the EB2/NIW Visa?

If you have any further questions or need more information, feel free to contact us through our website. You can also connect with me on LinkedIn for personal inquiries. Enjoy reading!

Eligibility Criteria for the EB2/NIW Green Card Visa

To be eligible for the EB2/NIW visa, you must meet at least one of the following criteria:

1. Education and Academic Background

Master’s Degree or Higher: Holding at least a master’s degree.
Alternative Path (Bachelor’s Degree + Experience): Having a bachelor’s degree along with at least five years of progressive work experience in a specialized field.
Academic Publications: Having research articles published in peer-reviewed journals.

2. Professional Experience and Field of Expertise

Contributions to the U.S. Economy or Scientific Infrastructure: Your work should provide national interest benefits to the U.S.
Innovation and Technological Contributions: Developing new technologies or holding patents.
Global or National Awards: Receiving prestigious awards in your field.

3. National Interest Waiver Justification

Your work must be in a critical field for the U.S. (e.g., healthcare, energy, education, artificial intelligence, etc.).
You must work in an industry facing a skilled labor shortage in the U.S.

Required Documents for Application

To successfully apply, you must submit the following official documents:

Required Document	Description
Diplomas and Transcripts	At least a bachelor’s or master’s degree is required.
Proof of Work Experience	Documents verifying a minimum of five years of relevant experience.
Reference Letters	Letters of recommendation from industry experts.
Publications and Patents	Research papers, articles, books, or patent documentation.
Professional Certifications	Certificates demonstrating expertise in your field.
Awards and Recognition	Documents supporting your professional achievements.
Projects and Contributions	Details of projects that contribute to U.S. national interests.

Eligible Professions for the EB2/NIW Green Card Visa

1. STEM (Science, Technology, Engineering, and Mathematics) Professionals

Software engineers
Data scientists and AI specialists
Robotics and automation engineers
Biotechnology and genetic engineers
Energy and environmental science researchers

2. Healthcare and Medical Experts

Doctors and surgeons
Clinical researchers
Public health specialists
Nurses and medical technicians

3. Business and Entrepreneurship

Startup founders
Business development professionals
Finance and investment consultants

4. Arts, Culture, and Creative Industries

Filmmakers
Musicians and composers
Art directors
Fashion designers

5. Aerospace and Aviation Professionals

Pilots and flight instructors
Space researchers
Satellite engineers

6. Law, Education, and Social Sciences

Academics and researchers
Legal professionals
Educational technology developers

EB2/NIW Green Card Application Process Steps

1. Initial Evaluation

Assess whether you meet the eligibility criteria.
Gather your academic and professional achievements.
Identify how your work benefits the U.S. at a national level.

2. Collecting Documents

Prepare diplomas, work experience records, awards, and certifications.
Obtain reference letters from experts in your field.
Create a detailed portfolio of your publications and projects.

3. Submitting the Application

File Form I-140 to initiate the application process.
Follow the latest guidelines issued by the U.S. Citizenship and Immigration Services (USCIS).
Consider seeking legal assistance to streamline the process if necessary.

4. Approval and Green Card Issuance

Wait for USCIS to review and approve your application.
After approval, complete the remaining steps for obtaining an immigrant visa.
Enter the U.S. and receive your permanent residency status.

Key Advantages of the EB2/NIW Green Card Visa

No employer sponsorship required – you can apply independently.
Opportunity for permanent residency (Green Card) in the U.S.
A more flexible process compared to other immigrant visas.
Approval is based on proven expertise in your field.
Your spouse and children under 21 can also obtain a Green Card.

Why Choose the EB2/NIW Visa?

Employer Independence: Freedom to switch jobs or start your own business in the U.S.
Faster Processing: A quicker process compared to the standard EB-2 visa.
Prestige: Recognizes and validates your expertise.
Career Opportunities: Access to a broader range of job prospects in the U.S.

The EB2/NIW Green Card visa is an excellent immigration opportunity for experts in science, engineering, technology, medicine, and business. If you want to live and work permanently in the U.S., carefully assess your qualifications and start your application process today.

For more information, you can visit our official website. If you have any personal questions, feel free to connect with me on LinkedIn.

Note: Before applying, it is crucial to prepare a strong portfolio detailing your contributions to your field. Supporting your application with data, references, and evidence of your national interest contributions will significantly enhance your chances of approval.

What Are the Requirements for the L1 Visa, Widely Used by International Companies Seeking to Open a Branch in the U.S.?

By Asim Kilinc, Immigration Attorney at CK Law Firm

The United States is widely regarded as a global hub for commerce. Many international companies aim to support their growth by opening new branches in the U.S. For companies looking to establish a presence or expand operations in the U.S., the L1 visa provides significant advantages. This visa is specifically designed for multinational companies to transfer executives and employees with specialized knowledge to the U.S. However, both the applicant and the company must meet several specific requirements to qualify for this visa. In this article, we will examine the key features, requirements, and benefits of the L1 visa in detail:

What is the L1 Visa?
L1 Visa Requirements
Advantages of the L1 Visa
L1 Visa Application Process

If you have further questions related to this topic, feel free to reach out via the comments section, send me a message directly through LinkedIn, or contact me via the website of my firm, CK Law Firm!

What is the L1 Visa?

The L1 visa is a temporary work visa that allows international companies to transfer executives or employees with specialized knowledge to the U.S. There are two categories of the L1 visa:

L1A Visa: Used to transfer executives or senior managers to the U.S. This visa can be used both for existing operations and for opening a new office.
L1B Visa: Designed for employees with specialized knowledge. L1B applicants must possess unique knowledge about the company’s products, processes, or services.

L1 Visa Requirements

Both the company and the individual applying for the L1 visa must meet specific conditions, which are critical for the approval of the visa.

Company Requirements:

International Relationship:

The company must have a parent, subsidiary, branch, or affiliate outside the U.S. The individual being transferred must be employed by one of these internationally related entities. The multinational nature of the company must be substantiated through documentation.

Continued Operations:

The U.S. branch, office, or affiliate must be actively conducting business. If a new branch is being opened, the office must become operational within one year and continue regular business activities.

Company Size and Capacity:

The company must be large enough to support the transfer of employees between international offices and must maintain operational or financial links between these offices.

Applicant Requirements:

At Least 1 Year of Employment:

The individual must have worked continuously for the company outside the U.S. for at least one year within the last three years. This is crucial to demonstrate the applicant’s qualifications.

Managerial Position for L1A:

The applicant must be transferred to the U.S. to work in a managerial or executive role. This role should involve managing personnel, making strategic decisions, and overseeing operations aimed at growing the company.

Specialized Knowledge for L1B:

The applicant must possess unique knowledge about the company’s products, services, or processes. This often includes technical expertise, product development, or the management of a specific business process.

Advantages of the L1 Visa

The L1 visa offers numerous benefits for multinational companies, particularly those planning to establish or expand operations in the U.S.

L2 Visa for Family Members: L1 visa holders can bring their spouses and children under 21 to the U.S. through the L2 visa. Spouses can apply for work authorization under the L2 visa, and children can attend school in the U.S., making it easier for families to relocate and settle in the U.S.
Green Card Eligibility: L1A visa holders can apply for permanent residency (Green Card) under the EB-1C category, which offers a faster path to obtaining a Green Card. L1B visa holders can also apply for a Green Card, though the process may take longer.
Extended Stay:
- L1A Visa: Initially granted for 1-3 years, it can be extended up to a total of 7 years. For new offices, the initial visa is issued for one year.
- L1B Visa: Issued for three years and can be extended for a total of 5 years.
Ease of Opening an Office: The L1 visa facilitates the process of opening a new branch in the U.S. It allows companies to start operations quickly and provides a foundation for future Green Card applications.

L1 Visa Application Process

The L1 visa application must be submitted to U.S. Citizenship and Immigration Services (USCIS). The process requires various documents demonstrating the company’s status, the applicant’s position, and the business activities in the U.S. Applications generally take 4-6 months, but this period can be shortened with premium processing.

Required Documents:

Form I-129 Petition: Filed by the employer with USCIS to initiate the L1 visa application.
Company Documents: Proof of the multinational nature of the U.S. office and foreign branches.
Employee Documents: Proof of the applicant’s qualifications and their role within the company.
Financial Documents: Evidence of the financial capability of the U.S. branch or the parent company.

You can read more about the documents required for the L1 visa in this article!

Interview Process

After the petition is approved, the applicant must attend an interview at the U.S. consulate. During the interview, the individual’s role, responsibilities, and other visa-related details will be reviewed. It is critical to ensure that all documents are accurate and complete to avoid delays in the process.

Frequently Asked Questions (FAQ)

Who can apply for an L1 visa?

International companies planning to open a branch or transfer employees to an existing branch in the U.S. are eligible to apply. The applicant must be an executive, senior manager, or employee with specialized knowledge.

How long can I stay in the U.S. on an L1 visa?

L1A visas can be extended up to 7 years, while L1B visas can be extended up to 5 years.

Can I apply for a Green Card with an L1 visa?

Yes, L1A visa holders can apply for a Green Card under the EB-1C category, offering a faster path to permanent residency.

Conclusion

The L1 visa presents an excellent opportunity for multinational companies looking to establish or expand operations in the U.S. By transferring qualified employees to the U.S., companies can rapidly scale their operations and enter the U.S. market. The key to a successful L1 visa application is ensuring that both the applicant and the company meet all the necessary criteria.

At CK Law Firm, we are here to guide you through every step of the L1 visa application process. For professional support, more detailed information, or to schedule a consultation, contact us via our website cklawfirm.org, email us at info@cklawfirm.org, or reach out through LinkedIn.

Who is Attorney Asım Kılınç?

What is an O-1 Visa? How to Obtain It? – Everything You Need to Know About the O-1 Visa (Comprehensive Guide for 2025)

Asım Kılınç, Immigration Attorney, CK Law Firm

The O-1 visa is a special work visa granted to individuals with extraordinary abilities in the United States. With this visa, Turkish citizens also gain access to a prestigious opportunity. It allows individuals who have demonstrated exceptional achievements in fields such as the arts, sciences, business, education, or sports to work and reside temporarily in the U.S. In this article, I delve into the details of the O-1 visa and address the following topics:

What is the O-1 Visa? What Are Its Requirements?
How to Obtain an O-1 Visa for the U.S.? What Are Its Advantages?
Who Can Apply for the O-1 Visa? Who Is It Suitable For?
How to Apply for the O-1 Visa? – Information About the Process
What Documents Are Required for the O-1 Visa?
How Long Is the O-1 Visa Valid? What Is Its Duration of Validity?
Are There Quotas for O-1 Visas?

If you have any additional questions about the O-1 visa, please don’t hesitate to reach out through the comments section below this article or via the CK Law Firm Immigration Attorney Firm’s Website. You can also contact me directly on LinkedIn for any inquiries you may have!

What is an O-1 Visa? What Are Its Requirements?

Why Is the O-1 Visa Suitable for Entrepreneurs and Startups?

This visa is a work visa designed for individuals with extraordinary abilities in fields such as science, business, education, or athletics. Unlike many other U.S. work visas, the O-1A visa allows you to sponsor yourself by establishing your own company instead of relying on a U.S. employer. This flexibility provides a significant advantage for startup founders and entrepreneurs.

Advantages of the O-1 Visa for Entrepreneurs

Unlimited Renewals: The O-1A visa has no annual cap, allowing for flexible renewals.
Broad Eligibility: Covers a wide range of fields, from science to business.
No Formal Education Requirement: Focuses on achievements and skills rather than formal education.
Family Coverage: Spouses and children can live in the U.S. under an O-3 visa.
Fast Processing: Premium processing allows decisions within 15 days.
No Salary Requirements: You can set your own salary as the founder of your company.

How to Obtain an O-1 Visa

1. Gather the Required Evidence

To demonstrate your extraordinary abilities, prepare the following:

Awards or notable achievements
Memberships in professional associations
Media coverage
Roles as a judge or evaluator in your field
Patents or original contributions

2. Establish Your U.S. Company (Self-Sponsor)

By setting up your own company, you can present yourself as the “employer.” This step is crucial for creating an employer-employee relationship.

3. Sign an Employment Contract with Yourself

Draft an employment contract with your U.S. company for a leadership or equivalent role.

4. File Form I-129 with USCIS

Complete Form I-129 on the U.S. Citizenship and Immigration Services (USCIS) website and submit it.

5. Attend the Visa Interview

Once your visa is approved, you’ll be invited for an interview at the nearest U.S. consulate. During the interview, present your documents and achievements professionally and confidently.

The O-1A visa provides a unique opportunity for entrepreneurs aiming to establish businesses in the U.S. However, preparing the necessary documents, completing company setup, and developing a solid application strategy are critical to a successful application. Seeking expert assistance can simplify the process and help you achieve your goals quickly.

Differences Between the O-1A and O-1B Visas

The O-1 visa is divided into two categories:

O-1A Visa: Designed for individuals with extraordinary abilities in science, business, education, or athletics.
O-1B Visa: Tailored for individuals who have demonstrated extraordinary achievements in the arts, film, or television industries.

While the O-1A visa covers a broader range of fields, the O-1B visa focuses specifically on creative and artistic endeavors. For instance:

A startup founder or scientist would apply for the O-1A visa.
A film director or actor would apply for the O-1B visa.

Additionally, the O-1B visa is often tied to specific projects in the arts and entertainment industries, whereas the O-1A visa offers greater flexibility across various fields.

How Long Is the O-1 Visa Valid?

The duration of the O-1 visa depends on the length of the project or employment contract mentioned in your application. Generally, the O-1 visa is valid for up to 3 years.

With valid justification, you can apply to extend this visa, allowing you to remain in the U.S. without transitioning to another visa type. For more detailed information on validity periods, feel free to reach out to me directly on LinkedIn.

Is There a Cap on O-1 Visas?

Unlike many other visa types, the O-1 visa does not have an annual cap. However, applications are meticulously reviewed, so it’s essential to submit a flawless application to improve your chances of approval.

Proper guidance is crucial for a successful O-1 visa application. If you’re considering applying for an O-1 visa, you can contact me through the comments section below this article, send me a message directly on Linkedln, or visit the website of CK Law Firm, where I am a co-founder, for assistance on various topics.

What is the I-140 Form for the EB2/NIW Visa? Why is It So Important?

Asım Kılınç, Immigration Attorney, CK Law Firm

The EB2/NIW (Employment-Based Second Preference National Interest Waiver) visa is a significant opportunity for highly educated professionals and individuals specializing in certain fields who wish to work and obtain permanent residency in the United States. This visa allows individuals who can contribute to the national interest of the U.S. to apply without the need for an employer sponsorship. It serves as a key immigration pathway for professionals in science, technology, engineering, mathematics (STEM), business, healthcare, and other critical industries.

One of the most critical steps in this process is the I-140 Form. The EB2/NIW visa I-140 form is an official petition submitted to the U.S. Citizenship and Immigration Services (USCIS) that details the applicant’s qualifications, professional achievements, and potential contributions to the U.S.. USCIS evaluates whether the applicant meets the NIW criteria through this form and determines whether to advance the application to the next stage. In this guide, we will cover:

What is the I-140 Form?
Why is the I-140 Form Important?
I-140 Form & NIW Criteria: Strengthening Your Application
How to Prepare Strong Recommendation Letters for I-140?
Common Mistakes in the I-140 Form and How to Avoid Them
Next Steps After EB2/NIW Visa and I-140 Approval
What to Do If Your I-140 Form is Denied?

If you have any additional questions or require personalized assistance, feel free to contact us through our website or reach out to me directly via LinkedIn. Enjoy your reading!

What is the I-140 Form?

The I-140 Form is a critical petition submitted to USCIS by either an employer or an individual applicant as part of the EB2/NIW green card application process. This form serves as proof that the applicant has the necessary qualifications to work in the United States and can contribute positively to the country.

The Primary Purpose of the I-140 Form

To verify the applicant’s professional qualifications and expertise
To allow applications without employer sponsorship under the National Interest Waiver (NIW)
To identify individuals who can contribute to the U.S. economy or society

Why is the I-140 Form So Important?

The EB2/NIW visa I-140 form is a crucial step in the immigration process for several reasons:

It Establishes Eligibility: USCIS determines whether the applicant qualifies for the EB2/NIW visa based on the information in the I-140 form.
It Opens the Green Card Pathway: Approved applicants can proceed with the I-485 (Adjustment of Status) application to obtain permanent residency.
It Provides Independence from Employers: Since EB2/NIW applications do not require employer sponsorship, applicants can apply on their own.
It Can Be Expedited: The premium processing option can speed up the application process.
It Increases Work & Residency Opportunities: A successful I-140 approval enhances long-term stay and career prospects in the U.S.

EB2/NIW Visa I-140 Form & NIW Criteria: Strengthening Your Application

To successfully complete the EB2/NIW visa application, you must satisfy the Dhanasar criteria when filling out the I-140 form. These three key requirements include

Your work must be of substantial importance to the U.S.
The U.S. must have an urgent need for your expertise.
Your work in the U.S. must provide a significant national benefit.

By presenting strong evidence for these criteria, you can significantly enhance your chances of I-140 approval.

How to Prepare Strong Recommendation Letters for I-140?

Well-crafted recommendation letters play a vital role in increasing your chances of approval. Here are some tips for preparing effective letters:

Obtain letters from recognized experts in your field (professors, executives, industry leaders, researchers).
Include specific details about your projects, achievements, and contributions.
Highlight how your work benefits the national interest of the U.S.

Example Structure of a Recommendation Letter:

Applicant’s area of expertise
Applicant’s achievements, research, and contributions
How the applicant’s work benefits the U.S.

Common Mistakes in the I-140 Form and How to Avoid Them

Errors in the I-140 application can lead to rejections. Here are the most frequent mistakes and how to avoid them:

Submitting Incomplete or Incorrect Documents

Ensure all identity and professional documents are complete and consistent with the application.

Providing Inconsistent Information

Ensure that all information is accurate and matches throughout the application.

Failing to Provide Sufficient Evidence

Submit proof of work experience, academic success, publications, projects, and contributions to the U.S. economy or society.

Next Steps After EB2/NIW Visa & I-140 Approval

Once your I-140 is approved, you can move forward with the green card application process. The following steps apply:

Step	Description
I-485 Application	If you are in the U.S., you can apply for Adjustment of Status.
Consular Processing	If you are outside the U.S., you will attend a visa interview at a U.S. consulate.
Work & Residency Planning	Organize your employment and residency permits in the U.S.

What to Do If Your EB2/NIW Visa I-140 Form is Denied?

If your I-140 form is denied, don’t panic! Here’s what you should do:

📌 Review the Denial Reason

Carefully read the denial letter from USCIS to identify mistakes or missing documents.

📌 Consider Filing an Appeal

You may submit a MOTION TO REOPEN or MOTION TO RECONSIDER to challenge the decision.
If necessary, correct any errors and resubmit your application.

📌 Explore Alternative Visa Options

Consider applying for other visa categories such as EB1 or O1, if eligible.
Consult with an immigration attorney for guidance.

If you are considering applying for an EB2/NIW visa and submitting an I-140 form, this guide provides essential insights into the process. Successfully navigating this pathway requires a well-planned strategy and professional preparation.

At CK Law Firm, we are here to guide you through every step of your journey. For more information, feel free to contact us via our official website. If you have any questions, you can also reach out to me directly on LinkedIn.

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