Can I Get a Green Card with an O-1 Visa?
Can I Get a Green Card with an O-1 Visa?
Date: January 31, 2025 / Category: Blogs, TR
Author: Ergül Çeliksoy, Immigration Lawyer, CK Law Firm
Designed for individuals with extraordinary talents in the US, the O-1 visa offers work opportunities to many Turkish professional artists and academics. In this article, in addition to answering the question of whether an O-1 visa can be used to obtain a green card, I will also address the following topics:
- What is an O-1 Visa?
- What is a Green Card and Why is it Important?
- The O-1 Visa and Green Card Connection
- How to Apply for a Green Card with an O-1 Visa
This article will answer any questions you may have about the topics mentioned above. Feel free to ask any other questions you may have in the comments section of this blog or on our website. You can also connect with me on LinkedIn if you have any other questions.
What is an O-1 Visa?
The O-1 visa is a special work visa issued to individuals with extraordinary abilities in fields such as the arts, sciences, education, business, and sports. It also grants O-1 visa holders the right to live and work temporarily in the United States. This work period is generally valid for three years, but one-year extensions are available for necessary reasons.
The O-3 visa is also designed for O-1 visa holders, their spouses, and children under the age of 21.
Who is Eligible to Apply for an O-1 Visa?
- Arts: Musicians, actors, painters, and other creative professionals.
- Science: Researchers and scientists with academic success.
- Business: Managers and entrepreneurs.
- Sports: Professional athletes who have achieved international success.
The US O-1 visa application is also divided into two categories:
- O-1A: Designed as an extraordinary ability visa, primarily for professionals in fields such as science and business.
- O-1B: Designed as an O-1 artist visa.
Green Card Application Process
The Green Card application process requires meticulous attention. While there are multiple avenues for applying, the application process for a Green Card is different for professionals. Employer-sponsored applications require important steps like PERM certification. Form I-485 must also be completed for any change of status.
- PERM Certification: The employer's proof that the position cannot be filled in the U.S. labor market.
- Form I-485: This is the application form that formalizes the applicant's request for a change of status.
Green Card Fees
Applying for a Green Card involves certain fees. Planning for these fees in advance is crucial for a smoother process. It also helps you avoid any surprises. These costs typically include:
- Attorney Fees: $1,200 to $1,500
- Biometric Transaction Fee: $85
- Form I-485 Fee: $1,440
You can follow the latest developments and important announcements about the sector on our news page.
The O-1 Visa and Green Card Connection
While obtaining a Green Card with an O-1 visa isn't required, it can provide a significant advantage for transition. Individuals who demonstrate exceptional abilities can apply for permanent residency through various avenues.
Transitioning from O-1 Visa to Green Card
The O-1 visa can provide significant advantages in obtaining a Green Card. Individuals with demonstrated extraordinary ability can generally apply directly for a Green Card through the EB-1 category. Employer sponsorship or family connections can also support this transition.
Does an O-1 Visa Require a Green Card?
Because the O-1 visa is a temporary work visa in the United States, it doesn't require a green card. However, individuals who plan to work and live in the US long-term are encouraged to apply for a green card. This is important because it allows you to gain more rights while making your legal status permanent in the US.
How to Apply for a Green Card with an O-1 Visa
O-1 visa holders can apply for a Green Card if they demonstrate extraordinary abilities. They can initiate this process through the EB-1 Category or employer sponsorship. But what exactly do these pathways involve?
- EB-1 Category: Individuals who have demonstrated extraordinary abilities can apply for a Green Card directly through the EB-1 category. Employer sponsorship is not required for this process.
- Employer Sponsorship: O-1 holders may apply for an Employment-Based Green Card with sponsorship from their U.S. employer.
- Family Connections: A family member who is a U.S. citizen may be a reference for an O-1 visa holder's Green Card application.
While the O-1 visa doesn't require a Green Card, we've investigated whether this visa type can be converted to a Green Card. For questions about this topic, please contact us through the comments section of our blog or through the CK Law Firm official website. You can also message me on LinkedIn to discuss specific topics. You can also browse our Blogs page to read our articles and learn more about this topic.