Loune-Djenia Askew Esq.
Oct 23, 2023
The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education,business or athletics, or who demonstrated a record of extraordinary achievement in the motion picture television industry and has been recognized nationally or internationally for those achievements.
The O-1 nonimmigrant visa is for individuals who possess extraordinary ability in the sciences, arts, education,business or athletics, or who demonstrated a record of extraordinary achievement in the motion picture television industry and has been recognized nationally or internationally for those achievements.The EB-1 Visa is an employment-based, first preference visa if you are a noncitizen of extraordinary ability, are an outstanding professor or researcher, or a certain multinational executive or manager.
Application Process for an O-1 Visa vs EB-1 Visa
O-1 Visa EB-1 Visa
Consultation - The petitioner must provide a written advisory opinion from a peer group or a person with expertise in the beneficiaries area of ability
Extraordinary Ability: You may apply for yourself by Filing a Form I-140.
Exceptions to the Consultation Requirements- if your employer or agent can demonstrate that an appropriate peer group, including a labor organization, does not exist, then USCIS will base their decision on the evidence you submit in support of the Form I-129.
2) Outstanding Professors and
Your U.S. employer must file Form
Itineraries- The petitioner must provide an explanation of the nature of the events or activities, and a copy of any itinerary for the events or activities. The petitioner must establish that there are events or activities in your field of extraordinary ability for the validity period requested such as an itinerary for a tour or a series of events.
Multinational Manager or Executive:
Your U.S. employer must file Form I-140
Contract - The Petitioner must submit a copy of any written contract between you and the petitioner or a summary of the terms of the oral agreement under which you will be employed.
Family of EB-1 Visa Holders:
If your I-140 petition is approved, your spouse and unmarried children under the age of 21 may be eligible to apply for admission to the United States in E-14 or E-15 immigrant status, respectively.
The O-1 visa is a nonimmigrant visa, meaning you are a permanent resident in your country but you are coming to the US for a short period of time for up to three years. While the EB-1 Visa is an employment based visa that can lead to permanent residence.
For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.
*Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.