O1 visa holders often want to transition from their non-immigrant o1 to green card help status to permanent residency (Green Card). The O1 is a dual intent visa, and green card holders enjoy major benefits such as access to education and home financing.
Individuals who qualify for O1 status have extraordinary ability in science, education, business, arts or athletics, and have sustained national or international acclaim. The US company they work for must get an approved labor certification by conducting a job recruitment campaign.
EB2 National Interest Waiver
A savvy O-1 visa holder who wants to ultimately become a US citizen may consider the EB2 National Interest Waiver (NIW) path. This green card option allows you to skip the PERM labor certification process and instead obtain an employment-based green card based on your extraordinary abilities.
You must meet the EB2 NIW qualifications, including demonstrating that your work has substantial merit and that you are well-positioned to advance your proposed endeavor. Similar to the O1 visa requirements, you must demonstrate that you have sustained national or international acclaim for your accomplishments. However, the EB2 NIW standards are significantly higher and more difficult to satisfy.
The EB2 NIW path also allows your spouse and children to obtain their green cards, unlike the O-1 visa pathway. This is a significant benefit as it allows your family to permanently reside in the United States. Moreover, the green card you obtain through NIW will give you greater freedom to choose your work opportunities than if you obtained your green card through an O-1 visa sponsor.
EB3 Labor Certification
EB3 visas provide a path to green cards for skilled, professional, and unskilled workers. These employment-based visas are less stringent than the EB2 and EB1 options. However, the EB3 visa process can take up to a year or more to complete. An immigration lawyer can help employers and employees understand the requirements of the EB3 visa process.
To qualify for an EB3 visa, you must have a job offer from a US employer in a position that matches your qualifications. The US employer must also prove that no American worker is available to fill the role. This is done through a labor certification process that can be complex.
To begin the EB3 process, your employer must submit a petition with USCIS. The petition includes information about you, your employer, and the job. This form is called Form I-140. It must include the results of your PERM labor certification. The PERM process can be lengthy and requires extensive documentation.
EB4 National Interest Waiver
The EB2 National Interest Waiver (NIW) is a path to permanent resident status for individuals whose employment can benefit the United States on a national level. It is normally filed with an EB2 green card petition under the advanced degree or exceptional ability subcategories and requires extensive documentation such as letters of recommendation, academic records, and evidence that the person’s proposed endeavor has both substantial intrinsic merit and national importance.
The advantage of the NIW is that it waives the need to go through the lengthy PERM labor certification process that most employment-based green card categories require. It also allows individuals to self-petition for a green card, which can give them greater flexibility in their careers by enabling them to change jobs or start a new business without jeopardizing their immigration status.
Individuals can demonstrate national importance in a variety of fields including science, technology, entrepreneurship, culture, education, and health. However, proving significant national importance can be difficult and requires careful consideration of all aspects of the proposed endeavor.
EB5 National Interest Waiver
For individuals with exceptional ability who are interested in gaining long-term residency in the United States, there is a path available called the National Interest Waiver. This is an alternative to the PERM Labor Certification process, and it allows you to skip the requirement that your employer conduct a job recruitment campaign and prove that no qualified US worker is available for the position.
To qualify for this pathway, you need to demonstrate that your work has substantial merit and national importance. To meet this standard, you must have achieved a level of expertise that places you among the upper percentile of people in your field and has garnered sustained national or international acclaim.
Like the EB-1A, you can self-petition for this visa, which can save your employer time and money by avoiding the PERM process. However, it is important to note that you must still meet the EB-1A requirements in order to be eligible for this waiver.