Holding an O1 visa means you have already proven yourself as someone with extraordinary ability in your field. But for many O1 visa holders, the ultimate goal is securing a Green Card for long-term stability in the United States. Unlike most temporary US work visas, the O-1 visa does not offer holders a direct path to a Green Card. However, several Green Card pathways exist that allow O1 visa holders to transition to permanent residency without jeopardizing their current status.

The EB-1A green card for extraordinary ability is often the best option for O1 visa holders, as it mirrors many of the same eligibility criteria. Other routes include the EB-2 National Interest Waiver (NIW) for individuals whose work benefits the US and employer-sponsored green cards through PERM labor certification. Each path has different requirements, timelines and advantages, making it important to choose the right strategy based on your field, credentials and long-term career goals.

Moving from an O1 visa to a Green Card therefore requires careful planning, but with the right approach, you can successfully transition from a temporary work visa to permanent residency.

 

Green Card benefits for O-1 visa holders

 

The O-1 visa grants only temporary permission to work in the US.

The length of visa issued under the O-1 route is generally determined by the length of time needed for the visa holder to perform their activities with the petitioning employer, up to a maximum period of three years. To remain in the US beyond this, extensions must be applied for. Three years quickly comes around, particularly given the intensive nature of the visa extension petitioning process.

The three-year threshold can also limit the availability of career options compared to the stability of Green Card status preferred or expected by employers.

Re-entering the US with an O-1 visa is not always straightforward and you may be subject to additional questions from border officials.

A Green Card removes the requirement to undergo the extension process to renew your O-1 visa periodically. As such, becoming a permanent resident is attractive and convenient for O-1 visa holders considering a longer-term future in the US. As individuals with extraordinary skills or achievements in their professional field, it makes sense for the US to want to allow O-1 visa holders the option to become permanent residents and continue their lives and contributions to the US economy and society.

With US permanent residence, your lawful status would be indefinite and you would no longer need to apply to extend your visa. You can enjoy rights including access to education, home financing and eligibility to naturalize as a US citizen, in most cases, after 5 years. With citizenship, you attain the same rights as US nationals; you can vote and if convicted of a crime, you would not be subject to deportation.

 

What is ‘dual intent’?

 

The O-1 visa is categorised as a dual intent visa, meaning visa holders will not be penalised for pursuing an application for a Green Card while they are in the US under a nonimmigrant visa. This is an important distinction since the eligibility criteria for nonimmigrant visas generally require the individual to prove their intention to leave the US at the end of their visa term, such as retaining a residence in your home country.

This means with valid O-1 visa status, you can prove intent to stay in the US permanently while living there temporarily, and apply to change your status without detrimentally impacting your nonimmigrant status.

 

Green Card requirements

 

You will need to attain a Green Card, also known as a permanent residence card, to live and work in the United States indefinitely, without immigration restrictions.

There are a number of different routes to a Green Card, such as through employment or work. The application process and eligibility criteria depend on the type you are applying for.

The EB-1 classification is for Green Card applications from workers, comprising three subcategories:

 

• EB-1A: Extraordinary ability
• EB-1B: Outstanding professors and researchers
• EB-1C: Multinational manager or executive

 

 

O-1 to EB-1A

 

The EB-1A classification has one standard for all professions, irrespective of O-1A or O-1B status. In the same way as the O-1 visa required evidence of the applicant’s accomplishments and extraordinary ability in their professional field of either science, arts, education, business or athletics, so too must EB-1A applicants.

To be eligible under the EB-1A, you will need to show you qualify under two tests:

Preliminary ‘objective’ test
This requires you to submit evidence that you either have been awarded a one-time achievement such as an Olympic medal or Nobel prize, or that you satisfy at least three of the following demonstrating extraordinary ability in your field:

 

• Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence
• Evidence of your membership in associations in the field which demand outstanding achievement of their members
• Evidence of published material about you in professional or major trade publications or other major media
• Evidence that you have been asked to judge the work of others, either individually or on a panel
• Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field
• Evidence of your authorship of scholarly articles in professional or major trade publications or other major media
• Evidence that your work has been displayed at artistic exhibitions or showcases
• Evidence of your performance of a leading or critical role in distinguished organizations
• Evidence that you command a high salary or other significantly high remuneration in relation to others in the field
• Evidence of your commercial successes in the performing arts

 

Subjective final merits determination
The Final Merits Determination assesses your status are one of the most accomplished people in your field as:

 

• “one of that small percentage who has risen to the very top of the field of endeavor” and
• that you have received “sustained national or international acclaim” and that your “achievements have been recognized in the field of expertise”.

 

Defining a field of specialism that is sufficiently narrow yet credible will be critical to formulating a compelling petition and evidencing your position at the top of that field.

In addition, EB-1A applicants also need to show their work can bring substantial benefit to the US.

 

O-1 visa to Green Card process

 

The process involves changing visa status from a nonimmigrant to an immigrant visa category.

Your Green Card application can be made either as a self-petitioner or as a sponsored petition by your employer. EB-1 applicants are permitted to self-petition due to their standing.

To convert from an O-1 visa to the EB-1A classification, the first stage is to file form I-140 with USCIS. In the I-140, the petitioner will need to state why you (as the beneficiary) are qualified and eligible for the EB-1A Green Card.

The petition also has to include the documentary evidence that you meet the requirements (as above).

Once form I-140 is approved, your priority date becomes current. At this stage in the process, you would file form I-485 with USCIS from within the US to converting or adjusting your status from nonimmigrant (O-1) to immigrant (EB-1A).

If petitioning from within the US, you will receive separate employment and travel authorization from USCIS during adjudication.

It is also possible to file both Form I-140 and Form I-485 at the same time to save time.

Unlike the O-1 visa initial visa and extension process, you are not required to be sponsored by a qualifying US employer for the EB-1A. There is also no requirement to secure PERM Labor Certification.

However, if your employer is sponsoring your petition, they will need to show that they have exhausted all options to hire from the US domestic labor market and that you qualify for the immigrant visa. Your employer will need to the company will need to acquire an approved labor certification from the Department of Labor. This document certifies that the company was not able to secure a U.S. worker for the job.

If applying from overseas, you would need to process your Green Card application at a US consular office abroad, by filing form DS 260 (Immigrant Visa Electronic Application) before attending a Green Card interview at the US consulate or embassy in your country.

You will get your visa after the USCIS approves your Form I-485 or your DS 260.

 

Supporting documents

 

Although the eligibility criteria are broadly similar for the O-1 and EB-1A visas, applicants should note that the standard of evidence for the Green Card is notably higher than for the O-1 visa; “extensive documentation” must be submitted.

Holding O-1 visa status does not guarantee an EB-1A visa will be granted. The EB-1A petition will be assessed and adjudicated on its own merit and separate to any previous successful O-1 visa petition.

As such, your Green Card application must be comprehensive and compelling to support your case. The application does demand substantial supporting documentation to be compiled and submitted to evidence your eligibility. This includes records of your achievements to demonstrate you meet the extraordinary ability standard within your field through sustained national or international acclaim and how your work is of benefit to the US. Those documents listed in the guidance are not exhaustive, and if you can provide more, so as to ‘over-evidence’ this will be preferred to ensure you are satisfying that you have extraordinary ability in your field.

Taking professional advice will help to shape your submission in line with what adjudicators are looking for.

 

O-1 visa to Green Card processing times

 

O-1 visa to a green card processing times vary depending on the chosen pathway and individual circumstances.

The I-140 immigrant petition is the usually first step in the process. For those applying under EB-1A or EB-2 NIW, self-petitioning is allowed, meaning employer sponsorship is not required. Processing times for I-140 approval typically range from 6 to 20 months, depending on the visa category and USCIS workload. Premium processing is available for EB-1A petitions, reducing the I-140 processing time to 15 calendar days for an additional fee.

After I-140 approval, applicants can file for Adjustment of Status (Form I-485) if they are already in the United States, or opt for Consular Processing if applying from abroad. I-485 processing times generally range from 8 to 14 months. In some cases, concurrent filing of I-140 and I-485 is possible if visa numbers are available, potentially reducing the overall timeline.

For those applying under the PERM labor certification process (EB-2 or EB-3), additional time is required for Department of Labor (DOL) certification, which can take 6 to 12 months before the I-140 petition is submitted. Processing times for this pathway are often longer due to labor market testing requirements.

Processing times can vary based on country of chargeability, USCIS backlog, and visa availability in the Visa Bulletin.

The table below provides a general overview of processing times for different pathways from O-1 visa to a green card:

 

Green Card Pathway	Step	Estimated Processing Time
EB-1A (Extraordinary Ability)	I-140 Petition	6 to 12 months (15 days with Premium Processing)
	I-485 Adjustment of Status	8 to 14 months
EB-2 National Interest Waiver (NIW)	I-140 Petition	10 to 20 months
	I-485 Adjustment of Status	8 to 14 months
PERM Labor Certification (EB-2 or EB-3)	Labor Certification (DOL)	6 to 12 months
	I-140 Petition	6 to 12 months
	I-485 Adjustment of Status	8 to 14 months

 

 

O1 to EB-2 National Interest Waiver (NIW)

 

The EB-2 National Interest Waiver (NIW) allows professionals with advanced degrees or exceptional ability to apply for a Green Card without employer sponsorship. Unlike standard EB-2 petitions, which require a job offer and PERM labor certification, the NIW grants applicants the flexibility to self-petition if their work benefits the United States.

To qualify for an NIW, applicants must meet the standard EB-2 eligibility requirements, which include having either an advanced degree or exceptional ability in their field. They also have to demonstrate that waiving the job offer requirement serves the national interest.

USCIS assesses NIW petitions based on three factors: whether the applicant’s work has substantial merit and national importance, whether they are well-positioned to advance their field, and whether it would be beneficial to waive the traditional job offer requirement.

Processing times vary, and applicants may choose premium processing for faster adjudication. Those considering an NIW should prepare strong evidence to support their case; highlighting contributions and national benefit increases the likelihood of approval.

 

PERM Labor Certification (EB-2 or EB-3)

 

PERM Labor Certification is the first step for most employment-based green card applications under the EB-2 and EB-3 categories. It is a process through which a US employer must prove to the Department of Labor (DOL) that there are no qualified US workers available to fill the job being offered to the foreign worker. The goal is to ensure that hiring a foreign employee does not negatively impact wages or job opportunities for US workers.

The PERM process requires the employer to conduct recruitment efforts, such as advertising the job and reviewing applications from US candidates. If no qualified US worker is found, the employer can file ETA Form 9089 with the DOL. Processing times vary, but PERM approval generally takes 6 to 12 months, or longer if the case is selected for audit.

Once PERM is approved, the employer can submit an I-140 Immigrant Petition to USCIS. If the foreign worker’s priority date is current, they can then apply for Adjustment of Status (Form I-485) or go through Consular Processing for a green card. PERM is employer-driven, meaning the applicant must remain with the sponsoring employer until the process is complete.

 

Need assistance?

 

Adjusting status to a Green Card from the O-1 visa requires a detailed assessment of your career achievements, professional experience, employment history and prospects, and expertise in compiling extensive documentary evidence to support your application.

With specialist insight into US adjudication considerations, NNU Immigration can advise on your eligibility as an O-1 visa holder for a US Green Card, providing guidance on compiling a thorough and comprehensive petition.

NNU’s attorneys have extensive experience in working with O-1 visa holders across all fields of specialism. Contact us for advice on your eligibility and the petitioning process.

 

O-1 visa to Green Card FAQs

 

Can I apply for a green card while on an O1 visa?

O1 visa holders can apply for a green card, but the O1 is not a dual-intent visa. Careful planning is needed to avoid issues at visa renewal or reentry.

 

What is the best green card option for an O1 visa holder?

The EB-1A green card for extraordinary ability is often the best option because it has similar criteria to the O1 visa and does not require employer sponsorship.

 

Can I self-petition for a green card on an O1 visa?

The EB-1A and EB-2 National Interest Waiver (NIW) categories allow O1 visa holders to self-petition without employer sponsorship.

 

Do I need an employer to sponsor my green card?

Not necessarily. While some O1 visa holders apply through employer sponsorship under the EB-2 or EB-3 categories, self-petitioning options like EB-1A or NIW are available.

 

Can I stay in the US while my green card application is pending?

If you file an Adjustment of Status (Form I-485) while in the US, you can remain in the country legally while waiting for a decision.

 

How long does it take to get a green card from an O1 visa?

Processing times vary by category. EB-1A applications can take several months to a year, while employer-sponsored EB-2 or EB-3 cases may take longer due to PERM processing.

 

Can I travel outside the US while applying for a green card?

Traveling while an Adjustment of Status application is pending can be risky. If leaving the US, applying for a green card through Consular Processing may be a better option.

 

What happens if my O1 visa expires before my green card is approved?

If an Adjustment of Status application has been filed, you can remain in the US while it is pending. If not, maintaining O1 status or switching to another visa is necessary.

 

Can my spouse and children apply for a green card with me?

Spouses and children under 21 can apply for a green card as derivative beneficiaries under the EB-1A, EB-2, or EB-3 categories.

 

What are common reasons for green card denial from an O1 visa?

Denials often result from insufficient evidence of extraordinary ability, failure to maintain valid O1 status, or employer-sponsored cases not meeting labor certification requirements.

 

Glossary

 

 

Term	Definition
O1 Visa	A temporary work visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics.
EB-1A Green Card	A green card category for individuals with extraordinary ability, allowing self-petition without employer sponsorship.
EB-2 National Interest Waiver (NIW)	A green card category for individuals whose work benefits the United States, allowing self-petition without employer sponsorship.
PERM Labor Certification	A process through which an employer demonstrates that hiring a foreign worker will not negatively impact US workers.
Adjustment of Status	A process allowing individuals already in the United States to apply for a green card without leaving the country.
Consular Processing	The process of applying for an immigrant visa at a US embassy or consulate abroad.
Dual Intent	A visa classification allowing applicants to seek permanent residency while on a temporary visa. The O1 visa does not have dual intent.
USCIS	United States Citizenship and Immigration Services, the agency responsible for processing visa and green card applications.
Priority Date	The date when a green card petition is filed, which determines an applicant’s place in the visa queue.
Visa Bulletin	A monthly update from the US Department of State showing green card availability based on priority dates.