fbpx Skip to main content

How many years can I stay in the U.S. on O-1 visa? Does O-1 visa lead to a green card? For which green card should I apply if I am in the U.S. on an O-1 visa?

By May 29, 2020May 20th, 2021Extraordinary Ability, Immigration
Image courtesy of WikiCommons, labeled for reuse, https://upload.wikimedia.org/wikipedia/commons/9/91/Southern_Arkansas_University_Biology_student_with_microscope.jpg

The immigration regulations state that O-1 visa holder can come to the U.S. to perform services relating to an event/events and the O-1 visa will be granted for a period of time necessary to accomplish the particular event or activity (but not exceeding 3 years).

If you are granted an O-1 visa initially for 3 years, you may then either file an extension (you would get one additional year) or try to get renewal O-1 petition for 3 years (See our blog post discussing the advantages and disadvantages of each approach when you click here). There is no limit in the regulations as to how many times you could file an O-1 extension/renewal for 3 years, and you could potentially renew your O-1 visa indefinitely.

Many of our clients think that if they have O-1 visa for couple years, they can automatically get a green card. Unfortunately that is not correct. You could qualify for a green card, but you would have to meet the requirements of the particular green card category and you would not get the green card automatically.

You/your employer could sponsor you for the following green card:

  • EB-1A Extraordinary Ability Green card: you could either file a self-petition (meaning that you do not have to have an employment offer), or your employed could sponsor you as well. The advantage of the EB-1A green card is that you/the employer do not have to obtain a Labor Condition Certification from the Department of Labor, and therefore the process of obtaining this green card is faster than obtaining the EB-2/EB-3 green card.
  • EB-2 Green card
  • EB-3 Green card

For both the EB-2 and EB-3 green card, you would need a job offer from a U.S. employer and you would also have to obtain a Labor Condition Certification from the Department of Labor before the green card application is filed.

Please see our blog post discussing the similarities and differences between the O-1A visa and EB-1A green card when you click here.

FREE EB-1 / O-1 Visa Resources

Click on the buttons below in order to claim your free EB-1 / O-1 Visa Guide, sign up for our free EB-1 / O-1 Visa Webinar, or watch our EB-1 / O-1 Visa videos.

Download Our EB-1 / O-1 Visa Guide
Sign Up For Our EB-1 / O-1 Visa Webinar
Watch Our EB-1 / O-1 Visa Videos

Set up an EB-1 / O-1 Visa Consultation

For a dedicated one-on-one EB-1 / O-1 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

Scott Legal, P.C. has Something For You
Thank you for connecting with us. We would be happy to assist you & send you free information on a number of topics including, Free Immigration Guides (E-1, E-2, L-1, H-1B, PERM, NIW, EB-1, O-1 & TN), Videos, Articles & Free Immigration Webinars.
FREE GUIDES & WEBINARS