The O-1 Visa as a Path to a Green Card

One of the most common questions that we receive at Jatoi & de Kirby, A.P.C. is whether or not the O-1 visa for extraordinary ability can lead to a green card, and eventual U.S. Citizenship. Here’s what you need to know:

  • The O-1 visa is a non-immigration visa. This means that there is not a direct path in place for O-1 visa holders to go on to receive a green card – O-1 visa holders can only work in the United States for three years at a time before applying for a renewal. 
  • O-1 visa holders can apply for a First Employment-Based Visa green card. This green card allows you to skip the complex labor certification process and avoid some of the worst issues that create visa application backlogs. 
  • Very simply, the O-1 visa can be a stepping-stone to a green card. While a green card is not part of the natural progression of an O-1 visa, a large number of O-1 visa holders have used an O-1 visa while on the path to permanent residency in the Untied States.
Vaughan de Kirby
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San Francisco California EB-5 Investment Immigration Attorney
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