The O-1 visa and the EB-1 green card are both attainable visa options for foreign extraordinary workers, but it’s essential to understand the differences and benefits of each. If you’re planning on switching from an O-1 to an EB-1 status, the process will require some changes that each applicant will need to thoroughly understand. Keep reading to learn about the visa application process, filing for a new visa, and the checklist requirements needed for an EB-1.
Looking to transition from O-1 to EB-1? Speak with an experienced VisaNation attorney for legal support
What are the Differences Between the O-1 Visa and the EB-1 Green Card?
Visa Duration
The largest differences between the two types of visas concern the granted duration of an alien’s stay in the U.S. The O-1 visa only allows temporary residency in the country. A foreign worker will normally be approved for an initial period of stay between one and three years in the country. After that, visa renewals are granted on a yearly basis. In contrast, the EB-1 provides permanent residency.
Learn about employment-based green cards.
Requirements
Continuing on O-1 vs EB-1, the requirements for an EB-1 green card are much more intensive than an O-1. Successful EB-1 candidates hold considerable proof that they are at the top of their field, and attorneys should encourage applicants to thoroughly demonstrate their extraordinary talents through proof of national and international recognition.
Although the eligibility for the O-1 visa and EB-1 green card are similar, O-1 visa holders will not receive automatic approval for an EB-1. Not only do the two have different criteria for acceptance, the EB-1 standards are also higher and scrutinized much more closely.
The EB-1A visa also allows for the applicant to “self-petition,” which means that if their achievements are remarkable enough— winning a Nobel Prize for example—they do not have to have an employer agree to sponsor them.
In order to obtain an EB-1B for researchers and professors, employees must specialize as experts with tremendous achievements in their field. You must demonstrate your abilities for your company or institution if you have accepted a job from a U.S. employer.
Sponsorship
Unlike the EB-1A, all O-1 applications require sponsors. The sponsor can either be a U.S. employer or a U.S. agent – ideal for projects involving working for several different U.S. clients.
Dependents
- Another remarkable difference is the rights granted to family members. O-1 visa holders’ spouses and children will not automatically receive the right to work in the U.S. More than likely, they will be granted O-3 visas.
- On the other hand, spouses and dependents of EB-1 holders are granted green cards upon approval. To qualify as dependents, children must be under 21 years of age.
If the O-1 holder switches to an EB-1 and files an I-485, the spouse can then apply for an Employment Authorization Document (EAD) as part of the adjustment of status package
Approval Rates of the O-1 vs EB-1
In the first three quarters of FY 2025, the approval rate for the EB-1 and O-1 is as follows:
- O-1: 94% approval rate, with 22,180 approved and 1,356 denied
- EB-1: 83% approval rate, with 22,543 approved and 4,468 denied
Benefits of the O-1 Visa Compared to the EB-1 Green Card
- Faster Processing: O-1 visas generally have a quicker processing timeline compared to EB-1 visas.
- No Priority Dates: O-1 visas do not have priority dates, so you do not have to wait for a visa number to become available.
- No Backlog: O-1 visas are not subject to the same visa number backlogs as the EB-1 category, which can result in shorter waiting times.
- Temporary Stay: O-1 visas are initially granted for up to three years, allowing flexibility for shorter-term projects or commitments.
Disadvantages of the O-1 Visa Compared to the EB-1 Green Card
- Temporary Status: O-1 visas are temporary and require renewal, while the EB-1 green card offers the opportunity for permanent residency and U.S. Citizenship.
- Limited Family Benefits: O-1 visas provide fewer family-based benefits compared to EB-1. For example, while the dependents of an O-1 visa can study, they cannot work.
- No Path to Green Card: O-1 visas do not offer a direct pathway to obtaining a U.S. Green Card, whereas the EB-1 categories provide an expedited path to permanent residency.
- Renewal Process: O-1 visa holders must go through the renewal process, including proving continued extraordinary ability, which can be uncertain and potentially stressful.
It’s important to note that the benefits and disadvantages of these visa categories can vary depending on individual circumstances, goals, and the specific field of expertise. Consulting with an immigration attorney is recommended to make informed decisions based on personal situations.
How to Change From O-1 to EB-1 Green Card?
For many, a switch from O-1 to EB-1 is highly desirable. This is because the EB-1 green card allows visa holders to gain U.S. permanent residency, followed by U.S. citizenship after 5 years. Additionally, it is one of the most suitable visa switches because both visas cater to individuals of high ability and recognition in the industry.
There is no special application form for changing from O-1 to EB-1. Rather, you will apply for an EB-1 visa using Form I-140. However, considering that you are an O-1 visa holder who wants to change your status to EB-1, you can use examples of your work during your time in the United States. These examples are highly valuable because they show USCIS officials that you have contributed to highly influential projects in your field.
These particular projects should demonstrate the national and international recognition that you have gained. Your goal is to prove that you are an asset to your field and will continue to use your extraordinary talent in the U.S. under EB-1 status. To do this, make sure that you begin building your resume and portfolio immediately if you plan to apply for an EB-1 within the next few years.
The application process to make your switch will be as follows:
- Step 1: File Form-140, Petition for Alien Worker. Unless you are self-petitioning, completion of this will require close collaboration between the worker and their employer. The I-140 can be filed under premium processing to reduce the timeline to 15 business days, or 45 business days for the EB-1C.
- Step 2: After approval, you must apply for adjustment of status using Form I-485. This will likely involve an in-person interview.
- Step 3: If your application is successful, you will receive confirmation of your EB-1 green card. An I-485 can take anywhere from 6-12 months to process.
Depending on your EB-1 category, either EB-1A for those with Extraordinary Ability, EB-1B for Outstanding Professors and Researchers, or EB-1C for Multinational Executives and Managers, you or your employer will be required to submit different documentation. It is crucial to familiarize yourself with USCIS requirements for EB-1 eligibility criteria prior to application.
What is the O-1 to EB-1 Processing Time?
The total EB-1 processing time varies depending on:
- An applicant’s ability to correctly and file paperwork promptly
- The USCIS adjudication period
- Whether the applicant uses premium processing or not
In total, the processing time is between six and twelve months.
VisaNation Tip
To achieve the fastest O-1 to green card transition, it’s important to file the I-140 and I-485 concurrently if possible. This is possible for beneficiaries from countries of chargeability that are “current” in the visa bulletin. However, for those from India and China, it is not possible, and requires waiting until the final action date listed in the visa bulletin surpasses your priority date (the day the I-140 is filed) before a green card becomes available.
It is usually advisable to file for your EB-1 while your O-1 is still in effect. Otherwise, you may find yourself facing legal difficulty if you are considered “out of status”. Accordingly, you should file your EB-1 application before your O-1 visa expires.
O-2 Visa to Green Card
The O-2 visa is for the essential assistants and helpers who accompany the O-1 holder to the U.S. Fortunately, O-2 holders are also able to pursue legal permanent residence. However, even though your O-2 visa was contingent on the O-1 holder, your green card will be approved only on your own merit.
This means that you will need to fulfill the requirements of a green card yourself. Which green card you choose will depend on your qualifications. For many O-2 holders, the EB-2 visa is viable. However, you must either have exceptional ability in your field or an advanced degree.
Another common option is the EB-3 visa. This green card is open to most other workers, but the downside is that it has a relatively long waiting time. Some EB-3 applicants need to wait several years before they can adjust their status.
Like the O-1 visa holder, you will need to have your employer petition on your behalf and wait for your priority date to become current. If you are still in the U.S. when this happens, you can simply file to adjust your status, and you will automatically become a legal permanent resident as soon as your application is approved.
If you are outside the U.S., however, you will need to go through consular processing and participate in the consular interview before you can obtain your green card. Remember that the purpose of the interview is to determine if your case is legitimate, not to disqualify you.
Check out this post: How to Get a Visa Interview Waiver
Eligibility Criteria for EB-1A Green Card
Unless an EB-1A petitioner receives a highly esteemed award like a Nobel Peace Prize, the applicant needs to fulfill three out of ten requirement categories designated by the USCIS. These determine a person’s eligibility and talent. They include:
- International or national awards
- Membership to associations for remarkable achievement
- Publication references to an applicant’s work
- Judging peers’ work in your specialization
- An original contribution to your field of study or business
- Authorship in a regarded publication
- Featured original work in an exhibition
- Leadership role in a distinguished organization
- History of earning a high salary for work
- Success as a commercial artist
To learn about what kinds of evidence are considered for each category, check out the full list of requirements from the USCIS.
Understanding the EB-1 Category
The USCIS approves EB-1 green cards for alien applicants who demonstrate expertise or recognized talent in a specialized field. This includes scientists, researchers, doctors, business executives, educators, academics, and any other professionals with renowned talents.
They are classified into three categories:
- EB-1A: for workers with extraordinary achievements in science, business, education, and art.
- EB-1B: for professors and researchers
- EB-1C: for international managers and executives
In order to receive the EB-1B, an applicant must prove three years’ worth of relevant work history in their field. Likewise, those who wish to retain a position in an academic context must demonstrate their experience.
A business executive or manager must show proof of employment by a foreign firm for at least one year of the last three years.
You should also provide documentation showing your job offer with your current U.S. employer. If you are offered a job with a company in a related field, this is also acceptable.
The key to receiving an EB-1 is to demonstrate high achievement. You want to be able to show a demonstrated need and fulfillment for your talent and specialty.
You will receive your green card once the EB-1 is granted. This means that the new EB-1 holder gets permanent residency in the U.S.