The O-1 visa grants temporary legal status in the United States to individuals who possess extraordinary ability in fields such as science, art, education, business, or athletics. While this visa is non-immigrant in nature, it can serve as a powerful stepping stone toward permanent residency through a well-structured immigration strategy.
It’s possible to get a Green Card while in the U.S. on an O-1 visa. O-1 holders are in a “dual intent” visa category under U.S. immigration law, meaning they can stay temporarily while also pursuing permanent residency. Many apply for a Green Card through immigrant visa categories like the EB-1A for extraordinary ability in their field. However, the process requires a separate petition, approval, and often either employer sponsorship or self-petitioning.
How Long Is the O-1 Visa Valid?
The O-1 visa is initially granted for up to three years, depending on the length and scope of the petitioning project or employment contract.
After the initial term, it may be extended in one-year increments, provided that the applicant continues to work on similar projects or engagements in the same field.
This period often allows sufficient time to prepare a long-term immigration plan, gather documentation, build references, and become strategically positioned for a Green Card petition.
Can O-1 Visa Holders Apply for a Green Card?
Yes. Although the O-1 visa is a non-immigrant status, it permits “dual intent”, meaning the visa holder may legally pursue permanent residency while maintaining temporary visa status.
This dual-intent classification enables an O-1 visa holder to:
- Initiate a Green Card application (e.g., EB-1A)
- Remain in lawful status during the adjustment process
- Continue working while the petition is pending
It is important, however, that the process is managed carefully. Delays in timing or poor planning may lead to lapses in status or re-entry issues if international travel is involved.
Is It Possible to Transition from O-1 to EB-1A?
Yes. In fact, the EB-1A immigrant visa is widely recognized as the most compatible Green Card category for O-1 visa holders.
Both O-1 and EB-1A are based on extraordinary ability, but the EB-1A offers permanent residency and does not require employer sponsorship.
Unlike many employment-based categories, EB-1A allows the applicant to self-petition, which is particularly useful for professionals with independent careers or variable contracts.
O-1 visa holders often already possess the kinds of documentation needed for EB-1A, including awards, media coverage, critical roles, expert evaluations, and a record of high-level compensation or commercial success.
What Criteria Must O-1 Holders Meet for a Green Card Application?
While O-1 experience can create a solid foundation, EB-1A approval requires strong, independent evidence of sustained national or international acclaim.
The United States Citizenship and Immigration Services (USCIS) requires that the applicant satisfies at least three of ten established criteria, which may include:
- Receipt of nationally or internationally recognized awards
- Published material or media coverage about the applicant’s work
- Participation in a judging panel evaluating others in the field
- Contributions of major significance in the field
- Leadership or critical roles in distinguished organizations
- Evidence of high salary or remuneration compared to others in the field
- Membership in selective associations that require outstanding achievements
The Green Card process is initiated via Form I-140.
If the applicant is already in the U.S., they may concurrently file Form I-485 to adjust their status.
If they are outside the U.S., the process must go through a U.S. consulate via consular processing.
Marsan Akguc Law Firm assists O-1 visa holders in evaluating their EB-1A readiness, preparing strategic petition packets, drafting recommendation letters, and guiding clients through every phase of the adjustment process.