Differences Between the O-1 Visa and the EB-1A Green Card

An Overview of the O-1 Visa and the EB-1A Visa

O-1 Visa and EB-1A Visa are created for exceptional individuals in the field of arts, sciences, business, education, or athletics. Do you know what category you belong to, be it an artist, scientist, teacher, or business person? In OguzLaw, we thrive to make the dreams of exceptional individuals possible by providing immigration guidance to the United States, in particular, O-1 and EB-1A visas!

What is an O-1 Visa?

O-1 Visa is a non-immigrant visa based on the skills of the applicant. It is unique to people with extraordinary arts, sciences, business, education, and athletics abilities. These visas may be: 

• O-1A: Awarded for excellence and outstanding contributions in business, research, education, and athletics. 
• O-1B: Awarded for extraordinary ability or accomplishment in the arts, film, or television industry.

What is an EB-1A Visa?

As previously discussed above, EB-1A is only an employment-based immigrant visa category and automatically converts to a Green card, which is issued to a foreign national exhibiting extraordinary skills in the field of either arts, sciences, business, education, or athletics.

O-1 vs. EB-1A: What are the Differences Between O-1 Visa and EB-1A Green Card?

• The O-1 visa, which requires employer sponsorship and renewal, grants temporary residency contingent on a particular job or activity. On the other hand, the EB-1A permits immediate entry into the country without the need for employment or sponsorship, giving applicants greater flexibility and long-term advantages.
• The O-1 visa requires a sponsor, agency, or employer in the United States. EB-1A candidates do not require an employer’s involvement or a job offer in order to apply on their own.
• O-1 visas can be renewed every year for a maximum of three years from the date of original issuance. Without the requirement for extensions, EB-1A permits holders to obtain permanent residency.
• For both types of visas, the applicant must provide extensive supporting documents, including awards, notable accomplishments, and media exposure, attesting to their outstanding ability. Both aim to attract top-tier talents to contribute to U.S.

What are the Differences in Application Processes?

O-1 Application Steps:

• The sponsor or applicant must first submit Form I-129 to USCIS to begin the process of an O-1A visa. This form describes the extraordinary qualities of the applicant and the work that will be done in the States. The O-1A visa can be granted for a maximum of three years, with the option of an extension based on the continuation of the job.
• Similarly, submitting Form I-129 initiates the O-1B visa application procedure. This also includes information about the applicant’s exceptional ability, accomplishments in the media or television business, and the specifics of the job to be done in the States.  O-1B visa can also be issued for a period of up to three years and it can be extended as well.

EB-1 Application Steps:

• EB-1A visa is not subject to the labor certification (PERM) requirements, unlike other employment-based green cards. This expedites the process because it does not require any proof showing that there are no competent U.S. workers available for the position. Thus, to present a substantial amount of evidence to support an applicant’s exceptional skill and prospective contributions to the American workforce is important.

What are the Differences in Rights Granted to Families?

• O-1 Visa Family Rights: O1 allows dependents visa holders to enter the country with their primary visa holder. This dependent visa is called O-3 and O-3 holders are permitted for education but they cannot work.
• EB-1A Green Card Family Benefits: For family members, the EB-1A green card confers more significant benefits. The spouse and unmarried children under the age of 21 may seek admission to the United States under E-14 or E-15 immigrant status, respectively, if the EB-1A visa holder’s I-140 petition is approved. This permits the spouse and kids to reside and work in the United States.

What are the Differences in Processing Times?

The timeline for visas is interchangeable. Since the O-1 visa is a non-immigrant visa, the application process is typically faster, while the application for EB-1A, a visa that allows the recipient of the visa to obtain permanent residency, is often more detailed.

What are the Benefits of O-1 Visa Compared to EB-1?

The O-1 visa offers several advantages for those with extraordinary abilities:

• Flexibility for Particular Projects: Specialized employment is available under O-1 visa, and this is the best visa for anyone working on certain projects, occasions, or exhibitions. 
• Extension: The visa may be given for an additional year after the initial three years if the applicant still meets the visa requirements.
• Quick Processing: With the premium processing option; processing, an O-1 visa can take much less time than an EB-1.

What are the Benefits of the EB-1A Green Card Compared to O-1?

• EB-1A provides a beneficial route to permanent residency, enabling individuals to work in the States for an extended time.
• EB-1A does not require a sponsorship or work offer, unlike O-1.
• The EB-1A allows the holder to support their spouse and children under 21 for permanent residency.
• Individuals who apply for EB-1A can enjoy the peace of mind of being able to establish a permanent life and work in the US without constantly renewing their visas.

What are the Disadvantages of O-1 Visa Compared to EB-1?

O-1 visas include temporary nature, ongoing renewals, and employer sponsorship requirements, and they can cause uncertainties and limitations compared to the more secure and lasting advantages of the EB-1A.

Transition From O-1 Visa to EB-1A Green Card

Many people often contemplate transitioning from an O-1 visa to an EB-1A green card. These visas are designated for individuals who are very proficient and recognized in their profession. 

Step-by-Step Transition Process From O-1 Visa to EB-1A Green Card

Make sure you meet the requirements for the EB-1A before proceeding. This entails presenting how your influence will benefit the United States and exhibiting extraordinary abilities in your industry that have been consistently recognized at the national or international level.

• Similar to the O-1 visa, you must gather proof of your exceptional qualities for the EB-1A, with an emphasis on meeting the more stringent requirements. This could be accomplishments in your line of work, publications, membership in respectable organizations, or referrals from peers.
• An EB-1A green card’s primary goal is to fill out the Form I-140. This form, which you or your legal agent will fill out, will include information about your exceptional skills and the impact of your job.
• Submitting the I-140 form to USCIS, or the United States Citizenship and Immigration Services, is then required. You might want to think about choosing premium processing if you want to speed up the petition review process and get a response in less than 15 calendar days.
• After you submit your petition, you need to wait for the USCIS to review and make a decision. In order to prevent any legal issues regarding your stay in the United States, maintain your O-1 status for the duration.
• Adjust Status or Consular Processing:

• • If you are already in the country, submit Form I-485, Application to Register Permanent Residence or Adjust Status, as soon as your I-140 is accepted and a visa number is made available.
  • You can apply for a Green Card through the consular process if you are not currently a citizen of the United States. Interviewing in a US embassy or consulate is a prerequisite.

• Whether you are changing your status or going through consular processing, please be advised that you might need to attend an interview when your application and background will be thoroughly examined.
• With an EB-1A Green Card, you will be granted permanent residency in the States.

Should You Apply For an O-1 Visa and the EB-1A Green Card?

With either of these visas, you are allowed to live and work in the United States, but you will need to prove that you have great abilities and a solid reputation in your industry. You should keep in mind that the O-1 visa only allows for temporary status, whereas the EB-1A visa grants permanent residency.

Work With Oguz Law’s Immigration Lawyers For Your O-1 Visa and EB-1A Green Card Applications

It can be difficult to navigate the complexities of O-1 and EB-1A visa applications. Oguz Law’s immigration attorneys skillfully assist excellent talent with these procedures.

Frequently Asked Questions About O-1 Visa and the EB-1A Green Card

Is EB-1A Harder Than O-1?

The conditions for acquiring an EB-1A visa are considerably more stringent than those for an O-1 visa, and holders of an O-1 visa are not inherently eligible for an EB-1A visa due to the disparities in their eligibility standards.

Do You Have to Apply For an O-1 Visa to Be Eligible to Apply for the EB-1 Green Card?

No, meeting the requirements for an O-1 visa does not equate to meeting those for an EB-1 visa.