O-1 visa or EB-1 green card?

Foreign workers with extraordinary ability have several US visa options. Picking the right one can be tricky, though. In this article we help you understand the differences between the O-1 visa and the EB-1 green card.

If you plan to move from O-1 to EB-1 status, the process involves some changes every applicant needs to understand thoroughly. Read on to learn about the visa application procedure, applying for a new visa and the checklist requirements for an EB-1.

Want to travel to the United States without a visa? Find out everything about the ESTA application here.

1Differences between the O-1 visa and the EB-1 green card

The biggest difference between the two is how long you may stay in the US. The O-1 visa allows only a temporary stay, while the EB-1 visa gives you permanent residence.

Holding an O-1 visa does not mean automatic approval for an EB-1, because the two have different approval guidelines. Although eligibility for O-1 and EB-1 is similar, they are not interchangeable.

Next in O-1 vs. EB-1: the requirements for an EB-1 green card are far more demanding than for an O-1. Successful EB-1 candidates have substantial proof that they are at the very top of their field.

The EB-1A visa also lets applicants "self-petition": if their achievements are exceptional enough (a Nobel Prize, for example), they do not need an employer to apply.

To get an EB-1B for researchers and professors, you must prove you are an expert with outstanding achievements in your field. If you have accepted a position with a US employer, you must demonstrate your abilities for your company or institution.

2Sponsors and families: O-1 visa vs. EB-1

• Many O-1 holders decide to apply for a green card after several years in the United States. Unlike the EB-1, every O-1 petition requires a sponsor.
• The EB-1 petition also sets a higher bar for extraordinary talent than the O-1 visa.
• Attorneys usually encourage applicants to prove their extraordinary talent thoroughly by documenting national and international recognition.
• Another notable difference is the rights granted to family members. Spouses and children of O-1 visa holders do not automatically get the right to work in the US. Most likely they will receive O-3 visas.
• Spouses and dependants of EB-1 holders, on the other hand, also receive green cards once approved. To count as dependants, children must be under 21.

3O-1 to EB-1 green card: why and how?

For many, moving from O-1 to EB-1 is highly attractive, because EB-1 lets holders gain permanent residence in the US. It is also one of the most natural visa switches, since both visas are designed for people with high ability and industry recognition.

There is no special form for switching from O-1 to EB-1: you are essentially applying for a new EB-1 visa. As an O-1 visa holder who wants to change status to EB-1, you can use examples of the work you have done while in the United States. These examples are very valuable, because they show USCIS officers that you have contributed to highly influential projects in your field.

These projects should show the national and international recognition you have earned. Your goal is to prove that you are an asset to your field and will keep using your extraordinary talent in the US under EB-1 status. So if you plan to apply for an EB-1 in the next few years, start building your résumé and portfolio right away.

3.1How the application process for your switch works:

Step 1: You start the process by filing Form I-140, Petition for Alien Worker. Completing it requires cooperation between the employee and the employer.

Step 2: Next comes the application procedure, which will likely include an in-person interview.

Step 3: If your application is approved, you receive confirmation of your EB-1 visa and can enter the US.

Keep in mind that you or your employer will need to submit different documents depending on the EB-1 class, A, B or C. Before applying, it is important to familiarize yourself with the USCIS requirements for EB-1 forms and guidelines.

4O-1 to EB-1 processing time

It is usually wise to apply for your EB-1 while your O-1 is still valid. Otherwise you could face legal consequences if you are considered "out of status". So file your EB-1 application before your O-1 visa expires.

The total processing time for an EB-1 petition varies. Depending on how accurately the applicant submits documents, the USCIS decision timeline and whether premium processing is used, it can take up to a year. Typically, the total processing time is six to eight months.

5O-2 visa to green card

The O-2 visa is for essential assistants and support staff accompanying the O-1 holder to the US. The good news: O-2 holders can also pursue lawful permanent residence. Although your O-2 visa depends on the O-1 holder, your green card is approved solely on your own merits.

That means you have to meet the green card requirements yourself. Which green card you go for depends on your qualifications. For many O-2 holders, the EB-2 visa is a workable option. You must, however, have exceptional ability in your field, hold an advanced degree or qualify for a National Interest Waiver.

Another common option is the EB-3 visa. This green card is open to most other workers, but the downside is a relatively long wait. Some EB-3 applicants wait several years before they can adjust their status.

As with the O-1 visa holder, your employer must file the petition on your behalf, and you wait until your priority date becomes current. If you are still in the US at that point, you simply apply to adjust your status and automatically become a lawful permanent resident once your application is approved.

If you are outside the US, however, you must go through consular processing and attend the consular interview before you can receive your green card. Remember that the purpose of the interview is to verify that your case is legitimate, not to reject your application.

Work with an immigration attorney to find out which options you have and how best to apply.

6EB-1 green card checklist

Unless an EB-1 applicant has received a highly prestigious award such as the Nobel Peace Prize, they must meet three of the ten criteria set by USCIS. These establish a person's eligibility and talent. They include:

• International or national awards
• Membership in associations that require outstanding achievement
• Published material about the applicant's work
• Serving as a judge: evaluating the work of others in your specialty
• An original contribution to your field of study or business
• Authorship in a respected publication
• Original work shown at an exhibition
• A leading role in a distinguished organization
• Evidence of high pay for past work
• Commercial success in the performing arts

To see what kinds of evidence count for each category, check the USCIS full list of requirements.

7Understanding the EB-1 category

USCIS approves EB-1 green cards for foreign applicants who demonstrate expertise or recognized talent in a specialized field. These include scientists, researchers, doctors, business executives, educators, academics and any other professionals with recognized talent.

They fall into three categories:

• EB-1A: for workers with extraordinary ability in science, business, education, the arts and athletics.
• EB-1B: for professors and researchers
• EB-1C: for multinational managers and executives

To get the EB-1B, an applicant must show three years of relevant experience in teaching or research. Anyone who wants to keep an academic position must also document their experience.

An executive or manager (EB-1C) must show that, within the three years before the petition, they worked for at least one year in a senior position at an affiliated company outside the US.

You should also provide documents showing your job offer from your current US employer. A job offer from a company in a related field is also acceptable.

The key to getting an EB-1 is proving high achievement. You should be able to show a demonstrated need for your talent and your specialty.

You receive your green card as soon as the EB-1 is approved. That means the new EB-1 holder gains permanent residence in the USA.

8Getting an O-1 visa

With an O-1 visa, a foreign worker is usually admitted for an initial stay of up to three years. After that, the visa can be extended in increments of up to one year at a time.

Like the EB-1, the O-1 visa appeals to people working in the same specialized fields described for the EB-1.

O-1 applicants must provide at least three types of evidence of their talent and ability. These usually relate to major achievements the applicant has earned in their field.

O-1A visas are for foreign nationals who want to work as researchers, scientists, academics, business people or professional athletes in other designated fields.

O-1B visas are mainly for foreign workers expecting jobs in the entertainment industry, such as the arts, television or theater.

You'll find more on the O-1 on our O visa overview page, including the advantages of the O-1 visa and how to make your O-1 extension a success. For the next step, take a look at our overview of the EB-1 classifications and our guide on how to make your EB-1A green card petition a success.

In short

• The O-1 allows a temporary stay, the EB-1 green card a permanent one.
• Every O-1 petition needs a petitioner; the EB-1A allows self-petitioning but sets a higher standard.
• O-3 dependents are not automatically allowed to work; spouses and children under 21 of EB-1 holders also receive green cards.
• To switch from the O-1, you file a new petition on Form I-140, ideally while your O-1 is still valid; without a major award, you need to meet three of ten criteria.

How we help you

• Visa RoadmapIn writing: which visa fits you and your family, prepared with the immigration attorney on the firm's team.
• Visa and Green Card ConsultationWhich route to the USA fits you, settled in one conversation.
• Moving to the USAVisa, bank account, taxes and where to live: your move with Mount Bonnell Advisors.