6 ms·

Does O-1 bypass the country by birth quota for green cards? Or is this just a visa not permanent residency?

by j7ake 3y ago

otoburb 3y ago
The O-1 is a nonimmigrant visa[1], but my understanding is that it's also one of the few nonimmigrant visas that USCIS allows for dual-intent consideration. Eventually, you have to go through additional steps to convert to an immigrant visa (e.g. be sponsored by your (own) company, or marrying an American, etc.). [1] https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement https://www.uscis.gov/working-in-the-united-states/temporary...
- CobrastanJorji 3y ago
  Right. The O-1, the "extraordinary ability" visa, is easily confused with the EB-1, sometimes called the "Einstein visa." The latter is for those seeking permanent residency, and the former is not. The EB-1 became notorious a few years back in some circles when it was pointed out that the first lady had gotten one for modeling, but like this article points out, the criteria to get one is not as insurmountable as it might seem from the official examples, which will suggest things like Olympic medals, Pulitzer prizes, etc. Being on magazine covers and making a lot of money makes for a pretty solid case to acquire one.
  - x86x87 3y ago
    EB-1 is not a visa. It's a category for permanent residence application. It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants https://www.uscis.gov/green-card/green-card-eligibility/gree... You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.
    - CobrastanJorji 3y ago
      What makes it not a visa? It's permission to enter the U.S., that's what a visa is, isn't it? Also, I that's it's pretty common to call it that: https://en.wikipedia.org/wiki/EB-1_visa https://en.wikipedia.org/wiki/EB-1_visa But yes, the majority of recipients get them because they're managers at big companies.
      - BeetleB 3y ago
        > It's permission to enter the U.S., that's what a visa is, isn't it? I don't think so. You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid. EB-1/2/3 are categories under which you apply for a green card - they are not visas.
        neuralengine 3y ago
        That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card. You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.
        returningfory2 3y ago
        Not sure why this comment is being downvoted. It's exactly right: you can apply for EB visas (or any other permanent resident classification you're eligible for) without any prior connection to the US and get an "immigrant visa" in your passport to travel to the US.
        x86x87 3y ago
        There is no such thing as EB visas. While your greencard is processed you can indefinitely renew your current visa (eg HB1 you get it for 3 years and can renew only once, with application pending you can keep renewing it). Also, Green Card has different stages with their own limitations PERM -> I140 -> I485 -> green card.
renewiltord 3y ago
Equivalent is Green Card EB-1. But there’s no automatic path.
- ahussain 3y ago
  Most lawyers I've spoken to disagree with this. The O-1 and EB-1 have similar criteria as written, but the EB-1 is adjudicated to a much higher standard than the O-1.
  - the_svd_doctor 3y ago
    And EB-1 has quotas. So even if you qualify it may take many many years for Indians/Chinese folks.
  - x86x87 3y ago
    I could argue EB-1 is easier. Become a manager at FANG -> apply for EB1.
    - oarla 3y ago
      It's not that simple. You need to have been a manager outside of the US for 1 year, apply and get approved for L1C visa, enter the country on that and then once in the US apply under EB1C. All the time maintaining legal status.
      - x86x87 3y ago
        It's trivial compared to waiting 15 years for your EB-2 to be processed.
        elevatedastalt 3y ago
        Make that 105
    - elevatedastalt 3y ago
      EB1c is trivial because of the manager route but with many WITCH companies exploiting it, they might change things in the future. Eb1a is the tough category they are talking about.
the_svd_doctor 3y ago
Makes no difference. It's a temporary status, not permanent residency. It potentially helps you slightly for EB-1 (permanent residency for "extraordinary people") since it has similar requirements, and EB-1 has slightly better quotas than EB-2 (because fewer folks qualify ; EB-2 is for skilled workers like your typical tech employee). If you're from India it's still a very long way out.

Does O-1 bypass the country by birth quota for green cards? Or is this just a visa not permanent residency?

by j7ake 3y ago

Does O-1 bypass the country by birth quota for green cards? Or is this just a visa not permanent residency?

The O-1 is a nonimmigrant visa[1], but my understanding is that it's also one of the few nonimmigrant visas that USCIS allows for dual-intent consideration. Eventually, you have to go through additional steps to convert to an immigrant visa (e.g. be sponsored by your (own) company, or marrying an American, etc.). [1] https://www.uscis.gov/working-in-the-united-states/temporary-workers/o-1-visa-individuals-with-extraordinary-ability-or-achievement https://www.uscis.gov/working-in-the-united-states/temporary...

CobrastanJorji 3y ago
Right. The O-1, the "extraordinary ability" visa, is easily confused with the EB-1, sometimes called the "Einstein visa." The latter is for those seeking permanent residency, and the former is not. The EB-1 became notorious a few years back in some circles when it was pointed out that the first lady had gotten one for modeling, but like this article points out, the criteria to get one is not as insurmountable as it might seem from the official examples, which will suggest things like Olympic medals, Pulitzer prizes, etc. Being on magazine covers and making a lot of money makes for a pretty solid case to acquire one.
- x86x87 3y ago
  EB-1 is not a visa. It's a category for permanent residence application. It's not an Einstein "visa" by any means. https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-employment-based-immigrants https://www.uscis.gov/green-card/green-card-eligibility/gree... You can have extraordinary abilities or you can be a manager at bigcorp. Yes, being a manager will most times qualify you for an EB-1 bracket.
  - CobrastanJorji 3y ago
    What makes it not a visa? It's permission to enter the U.S., that's what a visa is, isn't it? Also, I that's it's pretty common to call it that: https://en.wikipedia.org/wiki/EB-1_visa https://en.wikipedia.org/wiki/EB-1_visa But yes, the majority of recipients get them because they're managers at big companies.
    - BeetleB 3y ago
      > It's permission to enter the U.S., that's what a visa is, isn't it? I don't think so. You can't get EB-1 status unless you are already on some visa (H-1, O-1, etc). Once you start the green card process, at some point, you'll get paperwork letting you travel even though the green card has not yet been approved. Prior to that, you cannot unless your existing visa (H-1, etc) is still valid. EB-1/2/3 are categories under which you apply for a green card - they are not visas.
      - neuralengine 3y ago
        That’s false. You can apply for EB visas from outside the US. After the approval of the I-140 (application for employment-based visa), instead of “adjustment” of your visa status in the US, you perform immigrant visa processing at your local consulate to get your green card. You can still travel after filing the I-140 but not after filing the I-485 (adjustment) without advance parole.
        returningfory2 3y ago
        Not sure why this comment is being downvoted. It's exactly right: you can apply for EB visas (or any other permanent resident classification you're eligible for) without any prior connection to the US and get an "immigrant visa" in your passport to travel to the US.
        x86x87 3y ago
        There is no such thing as EB visas. While your greencard is processed you can indefinitely renew your current visa (eg HB1 you get it for 3 years and can renew only once, with application pending you can keep renewing it). Also, Green Card has different stages with their own limitations PERM -> I140 -> I485 -> green card.

renewiltord 3y ago

Equivalent is Green Card EB-1. But there’s no automatic path.

ahussain 3y ago
Most lawyers I've spoken to disagree with this. The O-1 and EB-1 have similar criteria as written, but the EB-1 is adjudicated to a much higher standard than the O-1.
- the_svd_doctor 3y ago
  And EB-1 has quotas. So even if you qualify it may take many many years for Indians/Chinese folks.
- x86x87 3y ago
  I could argue EB-1 is easier. Become a manager at FANG -> apply for EB1.
  - oarla 3y ago
    It's not that simple. You need to have been a manager outside of the US for 1 year, apply and get approved for L1C visa, enter the country on that and then once in the US apply under EB1C. All the time maintaining legal status.
    - x86x87 3y ago
      It's trivial compared to waiting 15 years for your EB-2 to be processed.
      - elevatedastalt 3y ago
        Make that 105
  - elevatedastalt 3y ago
    EB1c is trivial because of the manager route but with many WITCH companies exploiting it, they might change things in the future. Eb1a is the tough category they are talking about.

the_svd_doctor 3y ago

Makes no difference. It's a temporary status, not permanent residency. It potentially helps you slightly for EB-1 (permanent residency for "extraordinary people") since it has similar requirements, and EB-1 has slightly better quotas than EB-2 (because fewer folks qualify ; EB-2 is for skilled workers like your typical tech employee). If you're from India it's still a very long way out.