The Main Difference Between O-1 and EB-1 Visas

If you’re an individual with extraordinary talent and interested in working in the United States, you can apply for either an O-1 visa (O-1A or O-1B) or an EB-1 visa. Though both visa types are designated for international individuals who possess extraordinary talent in their career fields, there is one major difference:

 

  • O-1 Visas are considered under non-immigrant status, while EB-1 visas have immigrant status. Essentially, if you’re seeking employment in the United States, but you’re only seeking temporary stay, you should apply for an O-1 visa. Contrarily, if you’re wanting to make your stay in the U.S. permanent, you should apply for an EB-1 visa.

It’s important to note that section 214(b) of the INA states that a holder of a non-immigrant visa can be denied entry or renewal if it is discovered that the visa applicant wants to permanently stay in the U.S. USCIS is very sensitive to this distinction and how you refer to yourself as either an immigrant or non-immigrant seeking employment in the U.S. Interestingly enough, however, non-immigrant visa holders can come to the U.S., work, buy or rent property and pay taxes, but are not considered U.S. citizens until they officially possess a green card. As long as a non-resident’s visa is valid, an individual is allowed to stay in the U.S.

 

Are you thinking about applying for an O-1 visa or have lingering questions concerning the difference between O-1 visas and EB-1 visas? Our staff at Creative Artist International can assist you every step of the way through the petition process. Call (323) 210-8051 or send us an email at info@visaforcreativeartist.com.

Feb, 27, 2016

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