EB-1A versus O-1A: What’s The Difference between the Two?

Are you dreaming of working or settling in the U.S.? Then you must’ve heard about the EB-1A green card as well as the O-1A visa. While they both sound similar, they serve different purposes.

Now the question arises, how will you know which visa is for you? To achieve this, you need to understand the key differences between the two and align them with your goals.

Here’s a breakdown of differences and a quick guide to enlighten your choices.

What are the Key Differences between EB-1A and O-1A?

If you're seeking a permanent residency in the U.S., then the EB-1A green card is for you. On the other hand, if you cannot qualify for an immigration visa but have employer sponsorship and simply want to work for a specific period, the O-1A visa is your selection. Here’s a detailed breakdown of the differences.

Eligibility

You must possess extraordinary ability, evidenced by sustained national or international acclaim in science, education, athletics, or business, for both EB-1A and O-1A visas. However, arts professionals are not eligible to apply for an O-1A visa but can go for the EB-1A, EB-2 NIW visa, or others.

Purpose

If your purpose is to settle in the U.S., then target EB-1A. If you want to stay until your work or project completion, then go for O-1A.

Sponsorship or Labour Certification

While the EB-1A gives you the liberty to self-petition and doesn’t require labour certification, the O-1A requires an employer sponsorship.

Petition

You can file the EB-1A petition via Form I-140, Petition for an Alien Worker, and O-1A visa through I-129, Petition for a Non-immigrant Worker.

Evidences

While both visas require the same proofs demonstrating ‘extraordinary talent’ in your respective fields, EB-1A requires a higher standard of sustained acclaim and more impressive awards than the O-1A.

Processing Time

Processing time for both visas varies. A regular I-140 petition can take approximately 8-12 months. On the contrary, if our priority is urgent, then opt for the I-140 premium, which reduces the decision time to about 15 days. Similarly, the processing time for an O-1A regular petition visa is approximately 4-6 months, and for a premium, it is 15 days. However, this does not mean that your entire journey is shortened because you’ll still need to continue adjusting your status, which can take several days to complete.

Duration or Validity

While the EB-1A green card gives you permanent resident status, the O-1A guarantees you a temporary residence status of about 3 years.

Citizenship

The EB-1A green card is your direct pathway to U.S. permanent citizenship after completing the waiting period of five years. However, O-1A is a non-immigrant visa.

Family Eligibility

If you’ve an EB-1A green card, your family, including your unmarried children below 21 years of age and spouse, are eligible to apply for an immigration visa as ‘derivative beneficiaries’. However, if you are granted the O-1A visa, your family can receive an accompanying visa. With this, they'll have the right to study in the U.S., but they can't work unless they apply for a separate immigrant visa.

What are EB-1A Green Card and O-1A Visa – In a Nutshell?

The EB-1A green card is a self-petitioned, employment-based, U.S. immigrant visa for individuals having exceptional abilities in the field of STEM, arts, business, or athletics, and having proven sustained national or international acclaim.

The O-1A is the non-immigrant sub-category of the O-1 visa that grants temporary work status to individuals possessing extraordinary abilities and sustained national or international acclaim in the science, education, business, or athletics, sponsored by U.S. employers.

A Quick Guide - How to Decide Which Visa to Apply For?

Choosing between the two visas is based on your goal and current achievements. If you have strong evidence of sustained national or international acclaim and want U.S. citizenship and permanent status, the EB-1A green card is right for you.

On the other hand, if you have an employer-sponsored option and plan to return to your homeland after completing your work or project, the O-1A work visa is a smart start.

After you've decided on your visa, we’ll help you with the further process. We'll assist you with O-1A and EB-1A profile-building, streamline your documentation, and file a strong, convincing petition.

We've a proven track record of our clients' success. Check out the Jinee Green Card Reviews to see how we can help professionals like you build winning visa profiles.

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