O-1 versus EB-1A Visas - Issues & Concerns
Why obtain an O-1 visa before an EB-1A?
The O-1 visa is the non-immigrant version of the EB-1A immigrant visa. Structured property, the work authorization of the O-1A can be almost as good as the EB-1A. For a myriad of reasons, we almost always recommend that our prospective clients obtain an O-1 visa first if they are interested in the EB-1A. The inquiries are large enough in volume that it makes sense to list and explain the major advantages of this pathway.
Timing of Using the O-1 versus EB-1A Visa in the United States
O-1 visas can simply get our clients here much faster than the EB-1A. Under premium processing, O-1 visas can be approved in 15 days or less. While this is also true of the EB-1A visa, the big difference is in appointment waiting times. Even with an approved EB-1A, there will be either an 8 month waiting period to obtain work authorization if adjusting status in the United States or at least a 6-8 month process to obtain an interview with the national visa center. In some countries, it takes years to obtain the interview. With the O-1A and some careful research, almost anyone can find a timely interview to do the O-1A visa and start working immediately in the United States.
Eligibility of the O-1 is easier to obtain than the EB-1A
For both the O-1 and the EB-1A visa, applicants must prove that they either have one internationally significant award such as a World Championship or prove three of the lesser categories. The categories of eligibility are very similar to each other, and that is one reason it is best to get the O-1 visa first. The EB-1A visa also includes a totality clause that allows USCIS to scrutinize EB-1A petitions much harder than the O-1 visa. However, if an applicant is able to obtain the O-1 visa, it is a tremendous signal that the EB-1A is possible.
Immediate Work Authorization under the O-1A Category
As stated earlier, it will take almost a year under the best circumstances for an applicant to obtain work authorization under the EB-1A category. With the O-1 visa, work authorization can be obtained at best within a few days if adjusting status within the United states. There are many misconceptions about the quality and method of the work authorization for the O-1. These issues can be avoided if the proper structure and arguments are in place.
First, you do not need a job offer in order to obtain the O-1A work authorization. We specialize in structuring the O-1 visa based on projected employment or projects. We routinely obtain three year O-1 visas for our clients that have projects that are not signed for yet.
Second, you do not need to only work for one employer with an O-1 visa. We have honed our petitions to be agent based, which allows for our applicants to work for multiple employers on the same O-1 visa approval. As long as the project is contemplated in the itinerary originally submitted to USCIS, multiple employers and additional projects can be supported by the visa approval.
Third, yes you do need a Petitioner. There is no way around the requirement of a US Citizen, Permanent Resident, or entity to be signatory of the form I-129 paperwork for the O-1 petition. However, we have a relationship with resources that may serve as a petitioner for O-1 applicants when there is no one else to serve.
Information on the requirements of the petitioner and the petitioner service is available below
What are the requirements of a Petitioner - https://www.sherrodsportsvisas.com/petitioner
SDS Sports Petitioner Service - www.sdsagency.io/agentintake