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Transition from an O-1 Temporary Work Visa to the EB-1A Green Card

The O-1 is a temporary work visa whereas the EB-1A is a Green Card based on extraordinary ability. If you already have your O-1 temporary work visa, you may be interested in learning how to pursue the EB-1A Green Card.

 

When you know you want to apply for the EB-1A Green Card, it is more important that you think of how you want to structure your career as you apply for the EB-1A Green Card. There are a variety of strategies you can employ to strengthen your case for the EB-1A Green Card. 

 

If you applied for your O-1 with an agent petitioner, this may have helped strengthen your career as this allows for you to add additional performances and/or engagements to your itinerary. This means that you can diversify your achievements to satisfy not only the criteria for the EB-1A, but the Kazarian analysis as well.. 

 

The Kazarian analysis allows the immigration officer to evaluate the quality of the evidence presented to them and determine whether or not you are at the top of your profession. While the Kazarian analysis is the most difficult part of the petition to prove, it is one of the most vital parts.

 

Generally, if USCIS files for a Request for Evidence (RFE) it is because they feel there was not enough evidence to support that you made an impact in your field. It is important to understand how to show to USCIS that you made an impact in your field. For example, if an artist was a digital visual image specialist that had an expertise in Photoshopping photographs for big-name magazines, this a direct impact to the field as it changes the way people could perceive fashion, the model, and the artform of photography itself. This makes this artist an expert in his/her field. 

 

In order to situate yourself in the best way for an EB-1A, you need to engage in your professional field as much as possible so that you can position yourself as an expert in your field. This could be done in a variety of ways, including publishing articles, being in the press, exhibiting your work, innovating a new technique, etc. Experts disseminate information, making an impact. Think about the big picture. 

 

To Recap:

  • Apply for an O-1 with an agent petitioner so that you have more opportunities to pursue additional engagements and/or performances;
  • Position yourself as an expert in your field by engaging in a variety of opportunities within your field.

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