There are many different options available when trying to obtain a visa or a green card in the United States. Some of those include options for individuals who demonstrate expertise or recognized talent in a specialized filed. Those fields include scientists, researchers, doctors, business executives, educators, academics, and any other professionals with renowned talents.
The EB-1 Green card is organized into three different categories, EB-1A, EB-1B, or EB-1C, depending on the specialized area the applicant satisfies. To petition for EB-1, applicant must show three years of relevant work history in the field. In addition, applicant must show a job offer from its’ current U.S. employer.
The O-1 visa is for the same group of individuals in specialized fields as EB-1 green card; however, the major difference between the two is the fact that O-1 only allows temporary residency in the U.S., while EB-1 is a visa providing permanent residency. In order to apply for O-1, applicant must have at least three pieces of evidence that show their talent or ability in the applicable field.
Differences between EB-1 and O-1
Aside from the above-mentioned difference as to the status of the applicant once either one is granted, there are other differences between the two that are important to note. Because the EB-1 provides for a permanent residency, the application process and requirements are much more intensive than for an O-1. To be successful on a EB-1 application applicant must prove that they are at the top of their field and have achieved tremendous recognition in their field.
For an EB-1A, the achievements of the applicant are usually remarkable enough that applicant can self-petition, not requiring an employer to sponsor them, while other applicants require to have an employer as a sponsor.
Another major difference between the EB-1 and O-1 are the rights granted to family members of the applicant. While O-1 applicants’ family are not automatically granted the right to work in the U.S. (although they will most likely be granted a O-3, if they apply), EB-1 applicant’s spouse and dependents under 21, are granted green cards upon approval.
While the processing time for each option is now pro-longed due to COVID-19, during normal times, EB-1 applicants are usually required to wait longer for approval, sometimes even up to a year; while O-1 is usually granted quicker.
In order to have a successful application for either EB-1 or O-1, applicant must ensure that all elements are fulfilled, by providing sufficient evidence and complying with all requests on time. Due to the process being long and difficult, it is advised to seek legal help to complete the entire proceeding. Call or text Sobon Law, LLC today at (216) 586-4246, to speak with an attorney who can help you.
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