It is possible to transfer from an O-1 visa to Green Card. But the requirements are extensive as compared to other visas. That is the reason very few people every year manage to qualify for an O-1 visa. Under this visa, you can stay and work in the U.S. for three years in your field of expertise. Since it is a type of dual intent visa, the holder of an O-1 visa can also apply for Green Card. Out of the different types of Green Cards such as Family-based Green Cards, Diversity Visa to Employment-based Green Cards, O-1 visa holder usually gets an Employer-based Green Card.
The primary requirement for this kind of visa is that as an applicant you must have a petition from an employer. Even under the Employment-based Green Cards category, there are several types of visas. However, as an O-1 visa holder, you mostly will fit in the EB-1 visa category. This is the Green Card offered only to people with extraordinary achievements and abilities. The Visa is also given to executive managers with experience of working in foreign branches of a U.S. company for at least 3 years.
Application Process to Transfer From O-1 Visa to Green Card
Firstly check out the criteria for making a transfer from O-1 visa to Green Card. In the case, you can fulfill the criteria here are the three ways to make an application:
- Employer’s petition
- National Interest Waiver
You can apply for the prestigious O-1 visa through self-petition. It is highly useful if you are unable to find an employer from the U.S. to sponsor you. In case you already possess an O-1 visa and have a job with you, the only thing needed to do is changing the status from an O-1 visa to an EB-1 visa. Incidentally, all through this process, you do not have to change your job. For the process of self-petition, you have to fill up Form I-140 and submit it to the USCIS.
Petition From Employer for You
An employer has to file a petition for you with the USCIS for an O-1 visa. Similarly, he also must be willing to file an EB-1 visa petition for you. For that, he will have to fill up Form I-140, Immigrant Petition for Alien Worker. During this basic process that enables transfer from O-1 visa to Green Card, your employer will have to attach supporting documents and pay fees with the petition. In this way, your employer has to prove your eligibility. Once the USCIS processes and approves this petition then it will forward it to the National Visa Center (NVC).
The NVC authority will check all the documents and confirm that everything is in order. Then it will wait for your turn until the priority date. Once you are closer to the priority date the NVC will send an invitation to you so that you can apply for the visa through the U.S. embassy.
National Interest Wavier
You can expect transfer from O-1 visa to Green Card under the National Interest Waiver category if the U.S. can benefit from your work. For that, you will have to provide enough proof so that USCIS thinks that your contribution is worth considering under “substantial intrinsic merit” and can benefit the nation. To obtain National Interest Waiver you must be successful at convincing the USCIS that waiving the employer petition or Labor Certification requirement is in the best interest of the nation.