Are you currently in the U.S. on an O-1A visa and considering making America your permanent home? You're not alone. Many individuals with an O-1A eventually seek permanent residency to achieve their long-term career and personal goals. Let’s explore 2 common pathways from an O-1A visa to a green card: EB-1 and EB-2 NIW (National Interest Waiver).
Understanding the O-1A Visa
Before we dive in, let's quickly recap what the O-1A visa is. The O-1A is a nonimmigrant visa for individuals with extraordinary ability in sciences, education, business, or athletics. Our resource library provides a breakdown of the O-1A visa here. This library is also where you can find helpful tips regarding how start-up founders can leverage this visa to start and build their companies in the U.S. as well as helpful information regarding the unique benefits of the O-1A.
Potential Green Card Options for O-1A Visa Holders
While this blog focuses on EB-1 vs EB-2 as common pathways for O-1A holders, it's important to note that there are other options available. These may include family-based visas, EB-3 employment-based visas, or other specialized categories like EB-4 or EB-5. The best path for you will depend on your unique circumstances and qualifications.
1. EB-1: The EB-1 is often a natural transition for O-1A visa holders as these visas share overlapping criteria. The EB-1 visa consists of three subcategories:
- EB-1A for individuals with extraordinary ability;
- EB-1B for outstanding professors and researchers; and
- EB-1C for multinational managers and executives.
Of these subcategories, we’ll touch on the two that tend to be more common green card routes for O-1A holders: EB-1A and EB-1B. The EB-1A, like the O-1A, is for those at the top of their field, but does not require a job offer from a U.S. employer and therefore, applicants can self-sponsor their cases. On the other hand, the EB-1B is specifically for academics and researchers of international recognition and does require a job offer from a U.S. employer. Additionally, EB-1 applicants benefit from faster processing times and typically face little to no priority date backlogs.
2. EB-2: The EB-2 visa is for professionals holding advanced degrees (master's degree or higher) or for individuals with exceptional ability in a specific field. Generally, EB-2 petitions require a job offer from a U.S. employer and a labor certification. However, there's an important subset within EB-2 known as the National Interest Waiver (NIW). The NIW allows individuals to self-petition and waives the job offer and labor certification requirements if they can demonstrate that their work is in the national interest of the United States. This makes the EB-2 NIW another potentially attractive option for many O-1A holders, especially those who prefer not to be tied to a specific employer or those whose work has broader implications for the U.S. national interest.
Here's a quick comparison of these options:
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