When discussing U.S. immigration, three categories are commonly mentioned: O-1A vs EB-1A vs EB-2 NIW. Each option has its own benefits based on your career level, timeframe, and future goals. Below, we examine distinctions between the three and identify what type of applicant qualifies for each type.
O1A applications are typically processed quickly, usually within 6 months, and can even be premium processed. Since an O1A is temporary, the overall review is usually easier. The EB1A and EB2-NIW applications are more complicated with respect to permanent residence. An EB1A usually processes more quickly than an EB2-NIW because of better availability in this category, but both can take around 8 months, depending on your country of origin.
It is important to think about what exactly you want. If you are immediately seeking work authorization and just want to think about permanent residence later, then the O1A may be the way to go. However, if you qualify for either EB1A or EB2-NIW, direct and quick submission for permanent residence will likely make more sense.
Another distinguishing aspect is whether or not an employer must be involved. The O1A must have a U.S. sponsor so you cannot apply for an O1A on your own. Meanwhile, both the EB1A and EB2-NIW allow you to advance independently, which is a plus for entrepreneurs, consultants, and persons whose employment does not correlate with a single employer.
While all three applications require you to provide some documentation of your suitability, the emphasis changes. For the O1A, you must demonstrate top-level recognition, such as winning a major internationally recognized award, achieving press coverage, being an industry leader, or having a pay rate that is at the upper range compared to your peers.
The EB1A expects an even greater standard: you have to demonstrate that you are a small percentage of the very best in your profession, as shown by evidence of recognition over a sustained time frame and influence.
For the EB2-NIW, the emphasis has changed again. While you must still clearly show past recognition in the industry, you must now show that these contributions have merit, that you are well-positioned to advance those contributions, and that the United States will benefit from allowing you to avoid the full labor certification process.
Each option- O1A, EB1A, EB2-NIW- provides a new pathway, and probing which avenue would make the most sense now depends on a combination of your immediate needs and future interests. The O1A will be the quickest way in, the EB1A will be the most direct avenue for applicants who have already reached the top of their field, and the EB2-NIW pathway is the best avenue for workers whose work is connected to U.S. interests, even if indirectly.
Ultimately, it will come down to determining what is most important: speed, independence, and the larger purpose of your work.
The primary difference is that EB-1A and EB2-NIW are routes to a Green Card (Permanent Residency), whereas O1A is a temporary work visa. The O1A has a lower level of examination for remarkable ability and needs a sponsor. While self-petitioning is permitted under both EB1A and EB2-NIW, the requirements for extraordinary ability and exceptional ability with relevance are different.
Neither the EB1A nor the EB2-NIW is necessarily “better”; the best option for you will rely on your unique situation and the quality of your supporting documentation. While the EB2-NIW is for those with advanced degrees or extraordinary talent whose work was significant merit and national relevance to the U.S., the EB1A is for globally acknowledged leaders in their area and needs thorough verification of the top-tier success. The EB2-NIW might be a more accessible choice for a wider range of people who can show their employment helps the U.S. even though the EB1A has a quicker processing period.
Due to extensive overlap between the requirements for the O1A visa and these employment-based green card categories, it is possible to convert from an O1A visa to an EB1A or EB2-NIW green card. O1A is a logical and feasible option to permanent residency because many O1A holders already satisfy the strict requirements for EB1A or EB2-NIW.
Because the labor certification procedure is no longer required and the I-140 petition can be accelerated using the premium processing service, the EB1A category usually processes applications more quickly than the EB2-NIW. The EB1A is intended for those with exceptional talent and can be approved more quickly than an EB2-NIW because it does not require a national interest waiver.