The O1 Visa vs EB1 Green Card are both for individuals with extraordinary ability, but they differ significantly in their purpose and duration. The O1 Visa is a temporary, non-immigrant visa, while the EB1 is an immigrant visa leading to permanent residency (green card). The O1 Visa is often used as a steppingstone to the EB-1A Visa.
The O1 requires a US employer or agent sponsor, whereas the EB1 allows you to self-petition. While both require extraordinary ability, the EB1 has a substantially higher standard of achievement and documentation.
If you’re planning on switching from an O1 to an EB1 status, the process will also require some changes that you will need to understand.
In this article, explore the differences regarding the O1 Visa vs EB1 eligibility criteria, requirements, benefits, and application process. We’ll cover:
- What is the O1 Visa?
- What is the EB1 Visa?
- Key differences between the EB1 Visa vs O1 Visa
- Changing from O1 Visa to EB1 Visa
- O1 Visa vs EB1: Which is right for you?
What is the O1 Visa?
The O-1 Visa is a non-immigrant visa for foreign nationals with extraordinary ability or achievement in their field. Often called the “talent visa” or “extraordinary ability visa,” it allows highly skilled individuals to temporarily work in the US.
There are two main categories for the O1 Visa:
- O-1A Visa: For individuals with extraordinary ability in the fields of science, education, business, or athletics. This means you are at the very top of your field.
- O-1B Visa: For those with a demonstrated record of extraordinary achievement in the arts, film, or television industries.
To qualify for either O1 visa, you must provide extensive documentation and prove that your skills and recognition are well above the typical professional in your field, with a national or international level of acclaim.
What is the EB1 Visa?
The EB1 Visa is an employment-based immigrant visa that provides a fast-track path to US permanent residency (a Green Card) for highly accomplished foreign nationals. It is reserved for individuals with extraordinary ability, outstanding academic achievement, or proven executive leadership.
Unlike many other employment visas, the EB1 does not require labor certification, making it one of the quickest paths to US permanent residency.
The EB1 Visa is divided into three distinct subcategories, each with its own requirements:
- EB-1A for Extraordinary Ability: This category is most comparable to the O1 Visa and is for individuals with exceptional ability in the sciences, arts, education, business, or athletics. Applicants must have sustained national or international acclaim and provide extensive documentation to prove their recognized excellence. A key benefit is that a job offer isn’t required, allowing the individual to self-petition for the visa.
- EB-1B for Outstanding Professors and Researchers: This is for academics who have received international recognition for their achievements in a specific academic field.
- EB-1C for Multinational Managers or Executives: This category is for managers and executives who have been employed by a foreign company and are being transferred to a qualifying US company in a managerial or executive role.
Key differences Between the EB1 Visa vs O1 Visa
The O1 and EB1 visas are both for individuals with exceptional talent, but they serve fundamentally different purposes and have key distinctions in their requirements and benefits. While the O1 is a temporary, non-immigrant visa, the EB1 is an immigrant visa that provides a direct path to permanent residency in the United States.
O1 vs EB1 Visa: Eligibility and requirement
The O1 Visa is for individuals with extraordinary ability or achievement in the sciences, arts, education, business, or athletics. To qualify, applicants must fulfill at least three of the following criteria:
- Receipt of notable awards
- Membership in associations requiring outstanding performance
- Published materials about the applicant in professional or trade publications
- Original contributions of major significance to their field
- Commanding a high salary compared to their peers
- Acting as a judge or panelist of others’ work in their field
The EB1 Visa has a higher standard for “extraordinary ability” and requires sustained national or international acclaim. Applicants must provide extensive documentation to prove they are at the very top of their field.
The EB-1A (Extraordinary Ability), specifically, requires fulfilling at least three of the same criteria as the O1 Visa, but the scrutiny is much higher. A major, one-time achievement like a Nobel Prize or an Olympic medal can satisfy this requirement.
O1 Visa vs EB1 sponsorship
The O1 Visa always requires a US sponsor, which can be a US-based employer or an agent.
The EB-1A Visa allows for self-petitioning, so a job offer, or sponsor is not required. However, the EB-1B and EB-1C categories do require a US employer to sponsor the petition.
EB1 Visa vs O1 Visa: Duration and path to Green Card
The O1 Visa grants temporary status, initially for up to three years, with unlimited one-year extensions possible. It is a non-immigrant visa and does not offer a direct path to a US Green Card. However, many O-1 holders use it as a first step to later apply for an EB1 visa.
The EB1 Visa is a direct route to a Green Card and permanent residency. This grants you the freedom to live, work, and run a business in the US indefinitely.
O1 vs EB1 Visa: Family inclusion
With an O1 Visa, spouses and children (under 21) become eligible for an O3 Visa, which allows them to live and study in the US, but they cannot work.
With an EB1 Visa, spouses and unmarried children (under 21) are granted a Green Card upon approval of the primary petition, which gives them the right to work and live in the US.
O1 Visa vs EB1: Application process
The O1 Visa requires the employer or agent to file Form I-129, along with the relevant contracts, evidence of achievements, and letters of recommendation.
The EB-1 Visa requires Form I-140 (Immigrant Petition) to be submitted initially, along with supporting evidence of achievement. After your I-140 petition is approved, your next step will be to complete an Immigrant Visa Electronic Application (Form DS-260) and process your visa at a US Embassy or consulate abroad. If you are already in the US, you will apply to adjust your status (Form I-485).
Because the application process is complex and requires extensive documentation, we recommend working with an experienced EB1 Visa lawyer who can guide you through each step and improve your chances of success.
O1 Visa vs EB1 processing times
- O1 Visa: Fast (as little as 15 days with premium processing, or a few months without it)
- EB1 Visa: A slower process. It may take several months to more than a year, but it also has a premium processing option.
O1 Visa vs EB1 costs
The O1 Visa costs are generally lower than the EB1 because it is a temporary visa:
- Form I- 129 filing fee: $460.
- Premium processing: $2,500
- Extra administrative and legal expenses
The EB1 Visa, the costs to expect are as follows:
- I-140 Form filing fee: $700.
- Status adjustment Form I-485: $1,225 including biometrics
- Premium processing: $2,805
- Legal fees: $5,000+
O1 Visa (Non-Immigrant) | EB1 Visa (Immigrant) | |
Purpose | Temporary residency for work authorization | Permanent residency (Green Card) |
Duration | Up to 3 years initially, renewable | Indefinite; leads to a Green Card |
Sponsorship | Required (employer or agent) | Not required for EB-1A |
Eligibility criteria | Highly skilled individuals | Higher scrutiny and eligibility standards (sustained national/international acclaim) |
Family Benefits | O-3 visas (no work authorization) | Green Cards (full work authorization) |
Path to Green Card | Indirect | Direct |
Processing Time | Faster (months) | Slower (typically a year or more) |
Cost | Lower overall | Generally Higher |
Changing from O1 Visa to EB1 Visa
Many people on an O1 Visa transition to an EB1 Visa to go from temporary to permanent US residency. While both visas are for individuals with extraordinary ability, the EB1 is a more demanding application that leads to a Green Card.
Key steps to transition to the EB1 Visa include:
- Continuously documenting achievements while on the O1 Visa
- Filing the Form I-140 immigrant petition
- After approval, applicants can adjust their status from within the US or use consular processing from abroad to get their Green Card.
- The entire process can take six months to over two years. An O1 Visa lawyer can help you easily transition to the EB1 Visa.
O1 Visa vs EB1: Which is right for you?
When choosing between an EB1 visa vs O1 visa, a lot will depend on your business goals and timeline. The O1 Visa is best for short-term, temporary projects, while the EB1 Visa is for those seeking permanent residency.
O1 Visa pros include:
- Fast processing and project flexibility
- Easier initial eligibility than EB-1
O1 Visa cons include:
- Temporary and requires renewals
- Requires employer sponsorship
- No direct path to permanent residency
EB1 Visa pros include:
- Permanent residency upon approval
- Full freedom to live and work in the U.S.
- EB-1A does not require employer sponsorship
EB1 Visa cons include:
- Slower processing
- Higher costs
- Stricter eligibility
Considering the pros and cons, it is generally best to choose the O1 Visa if you need a temporary visa for specific projects, are testing the US market, or prioritize speed and flexibility.
If you want permanent residency, can meet the higher eligibility standards, and intend to build a long-term business in the US, the EB1 Visa may be the better option.
However, it’s always best to consult an immigration specialist to assess your goals, screen your profile against the eligibility criteria, and get professional advice to speed up your application and avoid costly mistakes.
Why work with Global Citizen Solutions?
Global Citizen Solutions is a boutique investment migration consultancy firm focused on finding the right residency or citizenship by investment program for individuals wishing to secure their future and become global citizens. With offices in Portugal, the United Kingdom, Hong Kong, and Brazil, our multilingual team guides individuals and families from start to finish, providing expert advice considering freedom, mobility, taxation, and security.
- We have helped hundreds of clients from 35+ countries in all the top Residency by Investment and Citizenship by Investment programs. With an in-depth and comprehensive understanding of the area, we provide our clients with solid guidance. We have a team of immigration lawyers, and immigration advisers specialized in US immigration.
- Our team has never had a case rejected. Our 100 percent approval rate sets us apart from our competitors and guarantees that you can expect a successful application.
- Our transparent pricing covers all the processes from opening your bank account, document certification, and legal due diligence to investment and submission. As there is one fee for the entire process, you can be confident that you will not face any hidden costs later.
- All data is stored within a GDPR-compliant database on a secure SSL-encrypted server. You can be safe knowing that your personal data is treated with the utmost security.
- Global Citizen Solutions provides an all-encompassing solution. Our support can continue even after you receive your passport. We offer additional services such as company incorporation, Trusts, and Foundations formation.
- The BeGlobal Onboarding System® allows you to access the status of your application every step of the way, something that sets us apart from our competitors.
