Eb-1 Vs O Visa

By Tiara

Having an eb-1 visa can be tricky at times. There are several types of visas that require you to have proof that your return is business related, but the most common one is for employment in the United States.

If you do not have this, or if it has expired, then you will need to find another way to prove that you have a job waiting for you once you arrive back in America.

There are many ways to stay connected with employers while you are away, but none compare to having an employee who believes in you enough to let you go out into the world and gain more experience.

This article will talk about some easy ways to prove your status as an employee before leaving for extended periods of time.

What is an O-1 visa?

An O-1 visa allows for professional employment in the United States. Applicants must prove they or their organization are working or will work full time in the U.S., and that they have enough money to support themselves while here.

Applications can be extended once every six months, so it’s important to keep up with your job search until you get approval. Once you do, there’s a 90 day probationary period during which employers cannot hire you aside from training positions.

After this, though, you’re free to look for work anywhere in the country! Many people use the O-1 as a way to find new jobs, especially since most Americans are already employed.

There are some minor restrictions placed upon individuals who receive this visa, however. For example, you’ll need to check in at a local police station once a week and have proof of health insurance. If you don’t, then you’ll be deported.

What are the differences between the two visas?

eb-1 vs o visa

The main difference is how long you can stay in each country. With an EB-1 visa, your departure date cannot be later than six months from when you enter the United States. You also have to prove that there are no other countries where you could live and work as easily as in America.

With an O visa, you can remain in the country for up to one year (with some exceptions). And it does not require you to demonstrate that living and working here is easy anywhere else. All you need to show is that you will spend at least half of your time outside the USA attending events or giving lectures.

This article will discuss some reasons why being granted an O visa instead of an EB-1 visa would be a better choice for you.

Do I need a job offer for an EB-1 visa?

eb-1 vs o visa

An important thing to know about employment visas is that you do not have to be offered a position in order to qualify. You only need to prove that your presence will make enough of a positive impact on the workplace or company as a whole to deserve the higher visa classification.

For example, if a company already has a highly qualified employee working there and it can’t find someone with their level of expertise, they could ask you to come and help them out. Or perhaps they are looking to expand its services and want to recruit more people with similar qualifications.

In these cases, even though the employer may not actively look forward to hiring you at this time, your knowledge would still be very valuable to them.

Do I need a job offer for an O-1 visa?

eb-1 vs o visa

An additional requirement to qualify for this visa is that you must prove that your investment will create or preserve employment in the United States. You cannot use this visa to simply invest in companies that are headquartered outside of the country, nor can you use it as a way to increase your net worth.

You have to make an investment in a business or project that has either a direct impact on employees in America or creates jobs indirectly by serving as a supplier to another company that does.

This indirect effect doesn’t matter if the product being supplied isn’t needed anywhere else, but it is important to note that most products require other suppliers to work effectively. A company that uses supplies that it hasn’t manufactured itself probably needs those suppliers too!

It is very difficult to get this visa after costs have been met, so be sure to plan ahead.

What are the advantages of an EB-1 visa?

eb-1 vs o visa

An additional nonimmigrant status option is for employment to a “significant contributor” to an area or industry under Title 8 Code Section 101(b)(1) (Eb-1). This provision was first enacted in 1980 as part of Congress's comprehensive immigration reform legislation known as the Immigration Reform and Control Act (IRCA).

Since its passage, this status has been used by employers to hire highly skilled professionals from around the world to work for them in their fields. The employee hired does not need to live in the United States while working here. They can instead choose to reside anywhere they like once they have established permanent residence.

What are the disadvantages of an EB-1 visa?

eb-1 vs o visa

An important thing to know about the Employment Based Immigration (EB-1) system is that it does not require you or your employer to be located in the US when you apply for this visa.

This means that if you already have employment in another country, you can still apply for the EB-1 visa under these rules!

However, you must meet certain requirements – such as working for at least three years in a professional position with responsibilities, or creating more than $100,000 per year in income for the past two years.

If you fit one of these criteria, then the next step will be to determine whether you qualify for the higher priority non-immigrant worker (O) visa instead.

What are the advantages of an O-1 visa?

eb-1 vs o visa

An additional nonimmigrant status option is for “O-1 Visitor For Business”. This allows you to visit America for one year, as long as your stay in the country is less than eight months at a time. You must also have proof that you will be returning home after your trip.

There is no limit to how many times you can apply for this visa, which is why it is sometimes referred to as the “lifeline visa”. If you overstay your visa by just a few days, you can simply reenter under this visa!

In addition to these benefits, there is not much paperwork required to work while on an O-1 visa. Employers do not need to submit I-9 forms or require employment verification documents, nor does it require you to live in a certain area.

You should know, however, that employers cannot hire you if they find out more about your personal life. These things include whether you take medication, whether you suffer from any illnesses, and what kind of jobs you previously held.

What are the disadvantages of an O-1 visa?

eb-1 vs o visa

An important thing to consider is what kind of employment you can get with this visa. You cannot work for yourself or in a position that requires you to take direct orders from someone else (management). This includes jobs such as owning a business, working in medicine or teaching at universities.

You also cannot work for large corporations unless they have a special EB-2 or EB-3 employee classification. Examples of these include working for Google, Apple, or Pfizer!

In addition to all of the above, you will need proof of sufficient money to support your self and your family while living in the United States. It’s very difficult to obtain citizenship if you run out during your time here.

A second resident alien must submit affidavits stating that they have no significant ties to their home country and that they have enough money to establish themselves there. If they lie about either one, then they may be deported along with their family.