May an O-1 Alien Change Status and/or Obtain Permanent Resident Status?

O-1 aliens and their O-3 dependents may change to other status for which they are eligible. However, in some circumstances, an O status holder will not be permitted to change status in the U.S. and must instead seek a visa abroad for the new status.

Permanent resident status is generally available to an O-1 alien and O-3 dependents of an O-1 alien. As with any alien, permanent residency is acquired either through entry into the US on an immigrant visa granted by a US consulate abroad or by adjustment of status in the US through the USCIS (formerly known as the INS). The factors that would prevent an O-1 alien from obtaining an immigrant visa or adjustment of status are those factors that would apply to any alien, such as periods of being out of status or being subject to the J-1 two-year foreign residency requirement. NOTE: that although an alien subject to the J-1 two-year foreign residency requirement may obtain O-1 status, such a person may not adjust status to permanent resident or get an immigrant visa until the foreign residency requirement has been fulfilled or a waiver of the requirement is obtained. Further, an approved labor certification or a filed immigrant petition will not jeopardize one's O-1 status or ability to obtain an O-1 visa.

For more information on the O-1 category, please click one of the following links:
Description
Procedure for obtaining O-1 Status
Requirements for obtaining an O-1 Status
Obtaining an O-1 visa
Dependents of O-1 visa holders
Duration and extension of O-1 Status
Change to other status from O Status
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