If you’re a highly skilled professional currently working in the United States on an H-1B or O-1 visa, you may be wondering if it’s possible to transition to a green card. The EB-1A extraordinary ability category offers a promising pathway to permanent residency for those who have risen to the very top of their field. But can you make the switch from a temporary work visa to an EB-1A green card?
At the Alagiri Immigration Law Firm, we help individuals with extraordinary ability navigate the world of immigration law. With over 15 years of experience, we’ve successfully guided numerous clients through the process of transitioning from an H-1B or O-1 to an EB-1A. Here’s what you need to know.
The EB-1A “Extraordinary Ability” Green Card
The EB-1A extraordinary ability green card is intended for individuals who have demonstrated extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim.
Qualifying for an EB-1A requires meeting at least 3 out of 10 evidentiary criteria, such as receiving major prizes or awards, authoring scholarly articles, or commanding a high salary.
Importantly, the EB-1A is a self-petitioned category, meaning you don’t need an employer to sponsor you. This is a key advantage over most other employment-based green card categories, including the EB-2 and EB-3, which typically require a job offer and labor certification.
Transitioning from an H-1B to an EB-1A
The H-1B visa is a common pathway for skilled professionals, particularly in STEM fields, to work in the United States. However, the H-1B is a temporary visa, valid for up to six years (with certain extensions possible). Many H-1B holders seek to transition to a green card for the stability and long-term opportunities it provides.
If you’re an H-1B holder with extraordinary ability in your field, the EB-1A can be an excellent option for pursuing a green card. Some key advantages of transitioning from an H-1B to an EB-1A include:
- No need for employer sponsorship or labor certification
- Faster processing times compared to other employment-based categories
- Avoid the uncertainty and limitations of the H-1B lottery and visa caps
To make the switch from an H-1B to an EB-1A, you’ll need to carefully assess your qualifications and gather strong evidence of your extraordinary ability. Working with an experienced immigration attorney can help you determine if you meet the criteria and put together a compelling petition.
Moving from an O-1 to an EB-1A
The O-1 visa is another common path for individuals with extraordinary ability or achievement to work in the United States. Like the H-1B, the O-1 is a nonimmigrant visa, though it does not have a fixed statutory limit on its duration.
In many ways, the O-1 and EB-1A are complementary categories, with similar standards for demonstrating extraordinary ability. As a result, many O-1 visa holders find that they have a strong case for transitioning to an EB-1A green card.
Some key considerations for moving from an O-1 to an EB-1A:
- The EB-1A has slightly different evidentiary criteria than the O-1, so it’s important to assess your qualifications under the EB-1A standards specifically
- As with the H-1B, transitioning to an EB-1A allows you to self-petition rather than relying on employer sponsorship
- Having previously qualified for an O-1 can lend credibility to your EB-1A case, but does not guarantee approval – you’ll still need to submit a well-documented petition
If you’re currently on an O-1 visa and are considering a green card, the EB-1A is often a logical next step. However, it’s still important to carefully evaluate your case and present strong evidence of your sustained national or international acclaim.
Pursuing an EB-1A While Maintaining Your Current Status
One important question many H-1B and O-1 holders have is whether pursuing an EB-1A green card will jeopardize their current visa status. The good news is that, in most cases, you can pursue an EB-1A while still maintaining your H-1B or O-1 status.
You can file your EB-1A petition (Form I-140) while still in valid H-1B or O-1 status. If your I-140 is approved but you’re not yet ready to adjust status to a green card (e.g., because your priority date is not current), you can typically extend your underlying H-1B or O-1 status until you are ready to apply for your green card.
This allows you to continue working and living in the United States while your EB-1A case is pending, providing a measure of stability and flexibility as you navigate the green card process.
Schedule Your EB-1A Green Card Consultation Today
Transitioning from an H-1B or O-1 visa to an EB-1A green card can be a smart strategy for those with extraordinary ability in their field. The EB-1A offers distinct advantages, including the ability to self-petition and potentially faster processing times.
However, qualifying for an EB-1A is a high bar, and putting together a successful petition requires careful planning and strong evidence. That’s where having an experienced immigration attorney on your side can make all the difference.
At the Alagiri Immigration Law Firm, we’ve helped countless clients transition from temporary visas to green cards, including many successful EB-1A cases. We can assess your qualifications, help you gather the necessary evidence, and guide you through every step of the process.
If you’re ready to explore whether an EB-1A green card is right for you, contact us today for a consultation. Together, we can chart a path forward to achieving your immigration goals and unlocking new opportunities in the United States.
