The Immigration & Nationality Act (INA) section 203(b)(1)(A) specifies that foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics, may immigrate to the United States if they are seeking entry to continue work in the area of their ability that would substantially benefit the United States.

The O-1 visa and the EB-1 visa share several similarities:

• Both are geared toward individuals who are exceptional at what they do;
• Both require applicants prove they are nationally or internationally recognized in their field;
• Both allow the visa holder to legally and freely live and work in the United States.
  

There are however major differences between the two types of visas.

O-1 VISA

The O-1 visa is a non-immigration visa, meaning the applicant is traveling to the United States for a temporary stay and will ultimately return to his or her country of origin.

An employer must petition on behalf of the O-1 visa applicant.

The O-1 visa encompasses film and television industry talent, whereas the EB-1 does not.

An O Visa is highly restrictive and meant to specifically benefit the small percentage of individuals who have risen to the very top of their field.

EB-1 VISA

The EB-1 Visa is an immigration visa. It assumes the applicant wants to come to the United States permanently.

Those with extraordinary abilities in athletics, the arts, and sciences do not need an employee sponsor, whereas notable executives and researchers must have an employee sponsor.

The EB-1 visa is tailored more toward athletes and other types of artists.

If you believe have an extraordinary ability, contact Allott Immigration Law Firm
to discuss which visa is appropriate for your situation.