When Would a Migrant Apply for an O-1 Visa Rather than an EB-2 Visa?
The O-1 visa is a nonimmigrant visa for individuals with extraordinary ability in the sciences, arts, education, business, or athletics, as demonstrated by sustained national or international acclaim. The EB-2 visa, on the other hand, is an immigrant visa for individuals with advanced degrees or exceptional ability in their field. So, what is the real difference between these two visas?
The qualifications, application processes, and benefits of these visas differ significantly, making them suitable for different categories of migrants.
Let’s first take a closer look at the O-1 visa:
To qualify for an O-1 visa, an applicant must demonstrate extraordinary ability in their field. This is defined as “a level of expertise indicating that the individual is one of that small percentage who have risen to the very top of their field of endeavor.” In short, the O-1 visa is the demonstrated genius visa. There is a slight variation of genius for individuals in the arts who can apply for the O-1B visa, here, the standard is more artful, requiring that the applicant demonstrate “distinction,” which means a high level of achievement evidenced by skill and recognition substantially above that ordinarily encountered. Simply put, the O-1 visa is best thought of as a visa requiring that a genius has a job offer to work in the United States on a temporary basis. The O-1 visa does not require U.S. Department of Labor certification that the employer cannot find any willing, able and qualified workers in the United States. The O-1 visa is a highly precious and distinguished nonimmigrant visa. The holder of an O-1 visa is known and recognized as unique! However, the O-1 visa cannot be adjusted to a Green Card and therefore gives the holder no path to U.S. citizenship.
Let’s now take a closer look at the EB-2 visa:
To qualify for an EB-2 visa, an applicant must demonstrate that they have an advanced degree (a degree above a U.S. bachelor’s degree equivalency that’s more complicated in reality than it seems on the surface; or the EB-2 applicant must demonstrate that they possess “exceptional ability”. So, to make this all crystal clear, think about this as a 40-step staircase where normal ability is step 3, (EB-2 exceptional ability) is step 20 and (O-1 extraordinary ability) is step 40. Although the USCIS’ actual evaluations and assessments are not in terms of math; our math analogy provides a measuring tool to explain the qualitative differences between the two visas. The EB-2 visa and the O-1 visa are designed for different types of applicants. Ordinarily the EB-2 visa; the second preference employment-based visa requires a job offer; however, migrants with exceptional ability in the arts, sciences, education, business and arts could seek waiver of the job offer requirement upon a showing that it is in the best national interest of the United States to waive the U.S. Department of Labor’s certification and therefore the job offer requirement. The EB-2 visa tends to have a longer processing time due to the labor certification requirements or the exacting NIW- national interest waiver requirements. Finally, the EB-2 visa is a dual-purpose visa that allows the holder to apply for permanent residency status.
In summary, the O-1 visa is designed for individuals with extraordinary ability who wish to work temporarily in the United States, while the EB-2 visa is for individuals with advanced degrees or exceptional ability seeking permanent residency. The choice between the O-1 visa and the EB-2 visa depends on the applicant’s qualifications, career goals, and immigration intentions.
This law blog is written by attorneys at Coleman Jackson, P.C., which is located at 6060 North Central Expressway, Suite 620, Dallas, Texas 75206 for educational purposes; it does not create an attorney-client relationship between this law firm and its reader. You should consult with legal counsel in your geographical area with respect to any legal issues impacting you, your family or business.
Coleman Jackson, P.C. | Tax Law, Business Law, Immigration Law | English (214) 599-0431 | Spanish (214) 599-0432 |
