1. Visa Type

• O-1 Visa: This visa is a non-immigrant temporary work visa for individuals with extraordinary abilities or achievements in science, arts, education, business, or athletics. It is intended for temporary employment in the United States. 
  
  
• EB-1A Visa (Green Card): The EB-1A is an immigrant visa for individuals with extraordinary abilities in science, arts, education, business, or athletics. It provides a path to permanent residency or green card status in the US.

2. Visa Renewals

• O-1 Visa: This visa is a non-immigrant visa, meaning it does not lead to permanent residency in the U.S. The applicant can only stay and work in the US for a limited period.
  However, the applicant can renew their O-1 visa for 1 year after the initial period of 3 years is over, and there are no set limits for the renewal.
  
  
• EB-1A Visa: The EB-1A is an immigrant visa, which means it offers a path to permanent residency in the U.S., allowing the individual to live and work in the country indefinitely.
  So, after receiving your green card and residing in the U.S. for 5 consecutive years, meeting USCIS requirements, you become eligible to apply for U.S. citizenship.

3. Duration

Being aware of the duration of visas is essential for legal compliance, travel planning, and ensuring a seamless and trouble-free stay in a foreign country. Let’s delve into the differences in duration between EB-1A vs. O-1 visas.

• O-1 Visa: O-1 visas can be granted for an initial period of up to three years and can be extended in one-year increments. There is no maximum limit to the number of extensions.
  
  
• EB-1A Visa: Once individuals are approved for the EB-1A Green Card, they attain permanent residency. Additionally, there is no specified time limit on their stay in the United States. Hence, you won’t need to reapply for any extensions on an EB-1A green card. However, a green card needs to be renewed every 10 years.

4. Sponsorship Comparison: EB-1A vs. O-1

• O-1 Visa: The O-1 visa requires sponsorship by a U.S. employer or agent. In case the applicant wishes to change their employer, a new O-1 petition has to be submitted and approved by the USCIS.
  
  
• EB-1A Visa: The EB-1A does not require employer sponsorship. Individuals can self-petition, demonstrating their extraordinary abilities through a sustained record of achievements and recognition. Hence, EB-1A gives a lot of control and freedom to the applicant. 

5. Application Process

• O-1 Visa application: The application process for the O-1A visa includes the sponsor and applicant filing a form I-129 petition with the USCIS. Applicants can expect to wait several months for a decision unless they file by premium processing. In such cases, they will receive a response in 15 days.
  
  
• EB-1A Visa application: There is no filing of a labor certification application for I-140 in the case of EB-1A. To obtain labor certification, your employer must undergo the PERM process, which typically takes 6-10 months. The applicant can apply directly to USCIS and save time.

6. Family Differences Between EB-1A vs. O-1

• O-1 Visa: Spouses of O-1 Visa can file for O-3 Visa which allows them to accompany them to the US. However, they are not permitted to work on O-3 visas and would have to file for a different type of visa such as the H-1B for working in the US.
  
  
• EB-1A Visa: Whereas in the case of EB-1A, the spouses are permitted to work in the US, provided they complete the Form I-765, apply, and get confirmation of an accepted Employment Authorization. The applicant’s spouse and unmarried children under the age of 21 will be eligible to apply for E14 or E15 immigration status, respectively, in the US.

Dual Intent: EB-1A vs. O-1

Conclusion