8 Crucial Things You Should Know – Transition from O1 Visa to Green Card

8 Crucial Things You Should Know – Transition from O1 Visa to Green Card

To obtain O1 Visa is a tough nut to crack; a foreign national is required to possess unusually outstanding ability in the field of arts, sports, music

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To obtain O1 Visa is a tough nut to crack; a foreign national is required to possess unusually outstanding ability in the field of arts, sports, music, television and other fields. The catch is you have to be in top few who have managed to reach the pinnacle of excellence by merit. You have to produce documentary evidence to prove your extraordinary ability in the respective field to walk into the U.S. to work for a petitioning U.S. employer in that field. Yet, the evidentiary requirements to demonstrate “extraordinary ability” for O-1 Visa eligibility are different from the “extraordinary ability” required for EB-1A classification.

In this post, we will discuss crucial things you require to know about “upgrading” an O-1 Visa to Green Card based on a foreign national’s eligibility under the EB-1A Category.

  1. There is a higher standard to obtain an O-1A Visa for individuals with an extraordinary ability in the sciences, education, business, or athletics, and the EB-1A has one standard categorization for all profession.
  2. An alien may demonstrate extraordinary ability with two additive benchmarks to qualify for EB-1A classification which is not used to support an O-1A Visa:

Demonstrate that your work has been displayed at artistic exhibitions or showcases, and documented evidence of commercial box office in the performing arts, as shown by box office receipts.

  1. It is a mandate for the O1 to green card to demonstrate that the alien’s admission into the U.S. will capitalize the U.S. by showing that the alien’s outstanding skills enhance American economy unlike for an O-1 Visa.
  2. Under an O-1 visa, the alien’s spouse and unmarried children under the age of 21 are eligible to apply for an O-3 non-immigrant visa, and move with them or can join later but they are not permitted to work in the U.S. whereas, under the EB-1A Category, the alien’s spouse and unmarried children under the age of 21 enjoy lawful permanent residency and are permitted to avail work opportunities.
  3. O-1 Visa is a non-immigrant status category; still, it has a dual intent under the O1 status. It is also possible to file for an O-1 Visa simultaneously as filing a Form I-140. An approved labor certification will not jeopardize the foreign national’s O-1 status or ability to extend his or her O-1 status.
  4. While the transition from O1 visa to green card, wise step is to maintain your current O-1 Visa status throughout the assessment of your Form I-140 by filing for an O-1 extension. If by chance, your Form I-140 is denied, and your O-1 Visa is not in force, you will be considered “out of status.”
  5. While documentation, you as a holder of O1 Visa should know that there is no compulsion that having the O1 Visa makes you compulsorily eligible for EB-1A classification, the evidence is evaluated stringently by the USCIS because it is the case of transition from non-immigrant status to permanent resident status.
  6. The transition from an O1 to Green card is a 2-step process. The first step is the filing a Form I-140, Immigrant Petition for Alien Worker with USCIS to establish extraordinary ability in the field through national or international accreditation and acclaim. The next step, after the Form I-140 is approved and your priority date becomes current, is to either (a) remain in the U.S. and file a Form I-485 with USCIS, or (b) process your Green Card application at a U.S. consular office abroad.

If sincerely, you are in a lookout from O visa to green card, then the above-discussed points should be kept in mind, and you require to adhere to them for the final processing of O1 to green card.