10 Best Actionable Tips: US O-1 Visa to EB1 Green Card

Are you an O-1 visa holder who is looking to upgrade to an EB-1 Extraordinary Green Card? The EB-1 is a highly sought-after visa that allows you to live and work permanently in the United States. However, the EB-1 application process is complex, requires careful planning but it is so rewarding. It is so freeing not to be tied to an employer. The added bonus is that you can apply for citizenship after 5 years.

We outline the 10 steps you need to take to upgrade your O-1 visa to an EB-1 Green Card below. We also provide tips on how to increase your chances of success.

The EB-1 Extraordinary Green Card is a great way to achieve your immigration goals. If you are an O-1 visa holder who is ready to take the next step, be sure to follow the steps in this article. PS This information is also suitable for all temporary visa holders eg. HB-1, J-1, P visas, etc. 😀

LET’S DIVE IN!

You have been working in the US and either discovered the restrictions of the O-1 non-immigrant visa or you have booked a job that will require you to stay longer than the O-1 visa valid time and wish to ‘upgrade’ to the EB-1 Extraordinary Ability permanent residence Green Card. Having this status will allow you to work without restrictions. YIKES!

The major benefit of the EB-1 is that you don’t have to wait for your ‘priority date to become current’ – there is usually a visa number available for extraordinary ability visa applicants for all countries. (If you are from India / China you need to double check this as often your countries are over-subscribed…)

If you won a Nobel Prize or an Oscar then this process will be a cinch, if not, PREPARE TO WORK ON BUILDING YOUR CASE TO A HIGHER STANDARD!

The requirements for O-1 status overlap those of the EB-1. The main difference is, of course, that the O-1 standards apply to those seeking a non-immigrant status, while the EB-1 standard is for those seeking permanent immigrant status meaning you will need to be MORE! Your application will be subjected to a higher level of ‘scrutiny’.

An O-1 nonimmigrant does not automatically qualify for EB-1 approval. 

For the O1 you proved yourself as a person who “has a demonstrated record of extraordinary achievement, an individual who is in the small percentage that has risen to the very top of your field” you will need to have built on this since applying for the O.

The green card might seem like an impossible application each one of us on Extraordinary Visa are a testament that it is very much attainable. We have gone through this process, built this site to help others. 

Here are our BEST ACTIONABLE STEPS to guide you on this path –

1. Dissect your O-1 Petition

In our humble opinion, the best place to start is by reviewing your O-1 petition and any other visa previous petitions. Understand that your visa application is a paper applications; your Immigration Officer/Case Examiner will not have time to watch your demo reel or look through your portfolio. LOL! They will only have your petition letter, evidence, and recommendation letters to assess your level of ability.

Therefore, understanding how your uniqueness was identified and argued as extraordinary and outstanding previously in your original O-1 application should determine what evidence you need to gather to support your EB-1 application.

If you wrote your own O petition letter, then you are already ahead of the curve. You will already have a good understanding of the criteria that the Immigration Officer/Case Examiner will be looking for, and you will be able to use the same language and arguments in your EB-1 application. Build your green card petition letter from this advice.

2. Understand the Qualifying Criteria

The next step in upgrading your O-1 visa to an EB-1 Green Card is to compare and contrast the O-1 criteria to the EB-1 criteria. The O-1 criteria are used to determine whether you have extraordinary ability in your field, while the EB-1 criteria are used to determine whether you are an alien of extraordinary ability.

The O-1 criteria are more general than the EB-1 criteria. For example, the O-1 criteria require that you have “sustained national or international acclaim” in your field, while the EB-1 criteria require that you have “sustained national or international acclaim and that your achievements have been recognized in your field through extensive documentation.”

The EB-1 criteria also require that you have “a record of major achievements in your field.” This means that you need to have a significant body of work that demonstrates your extraordinary ability.

Once you have compared and contrasted the two sets of criteria, you can start to focus your work on fulfilling the EB-1 criteria. This will involve gathering evidence of your achievements, such as awards, publications, and media coverage. You will also need to provide letters of support from experts in your field.

Understanding the requirements of the EB-1 criteria will help you to focus your work and increase your chances of success. Read our breakdown here.

3. Put it to Work

Once you understand the EB-1 criteria, you need to start working on fulfilling them. The key is to focus on your three strongest criteria and work on expanding those beyond eg if your strongest criteria is memberships, consider joining Women in Film and get elected to a committee. If your strongest criteria is leading critical roles, consider giving back to the community using your specific skill. And if your strongest criteria is judging, you could offer to judge within your field for an organization of importance.

While you are working on these criteria, make sure you have press campaigns running. This will help to satisfy the publicity criterion. It is important to remember that the key to a good petition is quality, not quantity. Don’t chase criteria that take you away from your true self. Contain yourself to your strongest criteria and build your solid case from that.

4. Keep Files

Keep your CV/resume updated to track your progress and print copies of your achievements as they happen. This includes updating your printed citation index if you have any scholarly articles. Familiarize yourself with the necessary evidence required for each section of the EB-1 petition and diligently collect it in a new evidence file. This will help to bolster the evidence you submitted for your O-1 visa.

Remember that all evidence must be in English. If you have any documents that are not in English, you will need to have them translated. It is important to keep on top of this process so that you do not delay your application.

Here are some additional tips for gathering evidence for your EB-1 petition:

• Be sure to include all of your relevant achievements, including awards, publications, and media coverage.
• Get letters of support from experts in your field.
• Keep track of all of your evidence in a well-organized file.

Translations may be necessary as all evidence must be in English so keep on top of the documents needing [translation].

5. Affiliate Peers and Experts in your field

Expand your network and get fresh and exciting [letters of recommendation] from super high up important industry people who can attest to your brilliance. Attend industry events and be brave enough to ask for photos with them. Photos with your industry peers are a fantastic positive in any application. Upload these to online platforms like IMDb and your personal website.

It is also beneficial if these people can offer you a promise of work. This will show USCIS that you have a job lined up in the United States and that you are not just coming to the country to take advantage of the EB-1 visa program.

Here are some tips for expanding your network and getting letters of recommendation:

• Attend industry events and introduce yourself to people.
• Be active on social media and connect with people in your field.
• Offer to help people out with their work.
• Be willing to give back to the community.

Be a little cheeky about this. Most high profile people have had to do this in the past for people so it’s no big deal to them. At Mei was at a conference and met on of her heroes, they followed each other on Twitter and when she was ready asked for a letter- they obliged.

6. Sustained Acclaim

A large part of EB-1 success is proving to the USCIS that you have sustained acclaim. This means that you have been recognized for your achievements over a period of time. You can prove sustained acclaim with evidence of recent publicity, awards, work, and recommendation letters. These will show that your achievements are not just a one-off event, but that you have been consistently successful over a period of time.

Recent achievements are especially important because they show that you are still active and relevant in your field. They also show that you are continuing to produce high-quality work.

Here are some tips for proving sustained acclaim:

• Highlight your most recent achievements in your CV/resume.
• Include recent awards and publications in your evidence file.
• Get letters of recommendation from people who can attest to your recent work.
• Keep track of your media coverage and include links to articles and interviews in your evidence file.

[Read more about sustained acclaim here.]

7. Benefit to the United States

The USCIS requires that you prove that you will “substantially benefit prospectively the United States.” This means that you need to show that your work will have a positive impact on the country. You can do this by providing evidence of your past achievements, such as awards, publications, and media coverage. You can also provide letters of recommendation from experts in your field who can attest to your potential to benefit the United States.

If you are an artist, scientist, or businessperson, this may be easier to do. Your work may already be well-known and respected, and you may have a track record of success. However, if you are an athlete or educator, you may need to work harder to demonstrate how your skills and talents will benefit the United States. You can do this by talking about your training and experience, and by explaining how you plan to use your skills to contribute to the country.

Here are some tips for demonstrating how you will benefit the United States:

• Highlight your past achievements and how they have benefited others.
• Explain how your skills and talents will be used to benefit the United States.
• Get letters of recommendation from experts in your field who can attest to your potential to benefit the country, work contracts too.
• Be specific and provide concrete examples of how you will benefit the United States.

8. Be familiar with the Two-Step Kazarian Analysis

The USCIS Immigration officer will review your evidence in two steps.

In the first step, the officer will determine whether you meet the initial evidentiary requirements. This means that you must provide evidence that you have extraordinary ability in your field and that you meet three of the 10 EB-1 criteria.

In the second step, the officer will review your evidence as a whole to determine whether you meet the overall eligibility standard of excellence for the EB-1 EA category – ‘final merits determination’. This means that you must demonstrate that you are at the very top of your field and that your work is critically important to your field.

It is important to note that it is not enough to simply fulfill the criteria. You must also go beyond and impress the officer with your achievements. This means that you need to provide evidence that you are a leader in your field, that you have made significant contributions, and that your work is highly acclaimed.

Here are some tips for impressing the USCIS Immigration officer:

• Highlight your most significant achievements.
• Back that with correct evidence and letters of recommendation.
• Submit publications and other evidence of your work.
• Be clear and concise in your writing.
• Proofread your application carefully.

Read the trick we used to satisfy the Kazarian test here.

9. Adjustment of Status

On an O visa you can go through the process called ‘Adjustment of Status’. This allows you to apply for a temporary green card that allows you work and travel while waiting for the USCIS decision on your application. [Read here.] 

10. Understand your Current Visa Limitations

O-1 visa holders must be aware of the limitations of their visa and the potential consequences of working outside of their designated field eg. you were granted an O-1 visa in the acting field but have since directed a piece of award-winning theater, this may be considered a violation of your visa restrictions. You can apply to amend your O-1 visa to include directing, but you should be aware that this may be an issue later on, as you will need to provide documentation of your work history in the acting field as part of your visa application.

It is also important to be aware of the end date of your O-1 visa and to submit your green card application in time. If you have little time left on your current O-1 visa, you may need to extend it with your same sponsor. Additionally, if you have been getting more work through a manager rather than your petitioning agent, you may want to consider filing a change of sponsor O visa before applying for the green card.

Finally, it is important to understand the limitations of your sponsor. The EB-1 green card is a fantastic option, as it does not tie you to a sponsor and allows you to work for anyone in your field. If you are concerned about the limitations of your sponsor, you may want to consider applying for the EB-1 green card instead of the O-1 visa.

Thoughts

Fitting our careers into boxes makes what we do seem so clinical but the EB-1 green card application process is purely paperwork, so it is important to use this opportunity to build a strong and compelling case for your extraordinary ability. Here are some tips to help you get started:

• Start by identifying your most significant achievements. What are you most proud of? What have you done that has had a major impact on your field?
• Gather evidence to support your achievements. This could include awards, publications, press clippings, or testimonials from experts in your field.
• Be clear and concise in your writing. The USCIS officer who reviews your application will be looking for specific examples of your extraordinary ability.
• Proofread your application carefully. Any errors or omissions could jeopardize your chances of approval.
• Don’t be afraid to ask for help. If you need assistance with your application, you can consult with an immigration attorney.
• It is also important to keep in mind that the legal standard for EB-1 is much higher than the standard for an O-1 visa. This means that you will need to provide more evidence to support your case. If you already have an O-1 visa, you should start gathering additional evidence now.

Finally, remember that you can never be too extraordinary or have too much evidence. The more evidence you can provide, the stronger your case will be, so aspire to do more, whether that means publishing, performing, submitting your work to competitions for awards, or developing new products.

After you have been a permanent resident for 5 years, you may apply for US citizenship. This is dependent on time spent in the US, so it is important to keep track of your residency status.

GOOD LUCK!

The EB1 Green Card application might seem like an impossible application. We have each been told that this until we showed our green cards in our wallets. Build a paper rich extraordinary career. Sign up to our mailing list to not miss new articles.

FAQ

Do you need an O-1 before you apply for the USA EB-1 Green Card?

No. Having an O visa has no bearing on being approved according to the USCIS.

Is the O petition similar to the USA EB-1 Green Card petition letter?

Yes. The format is the same. The requirements are more specific. You can [read them here.]

Do I need a sponsor for the USA EB-1 Green Card?

No. This is a self sponsor green card. You don’t need a sponsor.

Do I need a job offer for the USA EB-1 Green Card?

No. A job offer is not necessary, however, a job offer is an excellent way to prove ‘benefit to the United States.’

Can I work while waiting for the EB-1 decision?

You can apply for the temporary green card which acts like a full Green Card. Many visas allow you to ‘Concurrently File’ your Adjustment of Status. This answer needs more. [Read the application process step by step here.]

Do I need to use an attorney?

No. Most of us didn’t. We used guides to file except for Lena who used the basis of her O petition to DIY her EB-1 Green Card application.

I'm not on an O visa but another non-immigrant visa can I follow the same process?

Mostly, yes. If you are in the USA on a visa that required you interview at the US Embassy or Consulate then you should be able to follow this process.

You didn't answer my question!

Email us and we’ll add it here. Remember we are not attorneys 😀