EB-1A vs O-1 Visa: Green Card or Work Visa?
Both paths are for individuals with extraordinary ability, but they lead to very different outcomes. Understand which one aligns with your goals.
Permanent residence for individuals at the very top of their field. One-time application for lifetime benefits.
- Permanent residence immediately
- Work for any employer
- Path to citizenship
- Higher evidence standard
Temporary work visa for individuals with extraordinary ability or achievement. Requires renewal every 1-3 years.
- Faster processing
- Lower evidence threshold
- Requires employer sponsor
- Temporary status only
Immigration Status
EB-1A = Permanent resident. O-1 = Temporary worker.
Timeline
O-1 is faster initially, but EB-1A is a one-time process with permanent results.
Requirements
Similar criteria, but EB-1A requires "sustained" acclaim while O-1 is more flexible.
| Category | EB-1A | O-1 |
|---|---|---|
| Visa Type | Immigrant Visa (Green Card) | Non-immigrant Visa (Work Visa) |
| Permanent Residence | Yes - permanent status immediately | No - temporary, must renew or convert |
| Standard of Proof | Higher - sustained national/international acclaim | Lower - extraordinary ability OR achievement |
| Employer Sponsor Required | No - self-petition allowed | Yes - requires US employer or agent |
| Processing Time | 6-12 months (or 15 days premium) | 1-3 months (or 15 days premium) |
| Duration | Permanent (10-year renewable card) | Up to 3 years, renewable in 1-year increments |
| Visa Backlog Impact | May have country-specific wait (India/China) | No backlog - immediate availability |
| Path to Citizenship | Direct - eligible after 5 years | Indirect - must first get Green Card |
| Flexibility | Can work anywhere, change employers freely | Tied to specific employer/activity |
| Best For | Those seeking permanent settlement in US | Those needing quick entry or testing US market |
- • You want to settle permanently in the US
- • You have strong evidence of sustained acclaim
- • You want freedom to work for any employer
- • You plan to bring family members
- • You want to eventually become a US citizen
- • You don't have a US employer lined up
- • You need to start working in the US quickly
- • You're not sure if you want to stay permanently
- • You have a US employer ready to sponsor
- • Your evidence is strong but not "sustained"
- • You want to build your US profile before applying for EB-1A
- • You're from India/China and face EB-1A backlogs
Common Strategy: O-1 to EB-1A
Many applicants use O-1 as a stepping stone to EB-1A. They enter the US on O-1, continue building their profile (publications, awards, media coverage), and then apply for EB-1A after 2-3 years with a stronger case. This dual-intent approach is perfectly legal and commonly practiced.
Ready to Evaluate Your EB-1A Eligibility?
Use our free calculator to see if you qualify for the EB-1A Green Card.