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USA
October 23, 2023

O-1, EB-1 and EB-2 NIW: What Are The Differences?

We help preparing your documents for three types of US visas: O-1, EB-1 and EB-2 NIW. But first you need to understand which visa is more suitable for you.


Main differences:
  • The O-1 is a non-immigrant visa that can be extended or exchanged for an immigrant visa. The EB-1 and the EB-2 NIW are immigrant visas (green cards).
  • The O-1 are generally easier to receive than the EB-1 and the EB-2 NIW.
  • For each visa you need to pass at least two or three criteria, but the complexity of the criteria is very different.
  • The O-1 is issued for up to three years, while the EB-1 and the EB-2 NIW are indefinite.
  • The O-1 visa requires one or more US employers or having your own company in the US. No employer is required for the EB-1 and the EB-2 NIW.
  • For the O-1 you need a petitioner (an employer or an agent), while for the EB-1 and the EB-2 NIW visas you can apply yourself.
  • With the O-1 visa, your family members (spouse and children under 21) get the O-3 non-work visa, with the EB-1 and the EB-2 NIW they get a green card.
  • The O-1 is considered much faster than the EB-1 and the EB-2 NIW. For all types of visas, there is a paid 'premium processing' service (a decision on a case is made within 15 days).
  • If in a EB-1 case the main focus is on your past achievements, with EB-2 NIW the focus is on the future: what kind of benefit you will bring to the USA.
  • The EB-2 conditions are considered to be somewhat milder than for the EB-1, but each case is unique.
  • The main thing for any type of visa is a properly compiled portfolio of documents. Mistakes can lead to delays and even failures. Therefore, even if you already have an immigration attorney, we strongly recommend preparing documents with the specialists' supervision.

If you haven't found the right lawyer yet and haven't decided on the most suitable type of visa for your case, we can help: we work with trusted immigration attorneys.

Learn your chances or book a free consultation with our team to learn more about the USA visas.

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