The United States is a country that attracts the best and brightest from around the world. For those who excel in science, art, sports, or business, there are special programs that open the door to living and working in the United States. The three most popular visas for such individuals are the O-1, EB-1, and EB-2. But which one should you choose, and how do they differ? Let’s take a closer look.
O-1 is a temporary visa that allows you to work in the US for a specified period. It is suitable for those who are already recognized in their field but are not ready to move permanently.
This visa is designed for scientists, artists, athletes, entrepreneurs, and artists. The main thing is to prove your exceptionality. This can be done through awards, participation in international projects, or publications about you in leading media outlets. However, there is one important condition: you need an employer or agent in the US who will act as your sponsor, because they are the ones who submit the petition for this visa, and you cannot do it yourself.
This visa allows you to:
- work in the United States in your field for 3 years (with the possibility of extending your visa for one year an unlimited number of times)
- take key assistants and aides to the US
- bring your spouse and children (under 21 years of age and unmarried) to the United States.
The visa application process begins with confirming your uniqueness: you need to obtain an advisory opinion from a trade union, professional organization, or experts in your field. This is a document that certifies your achievements and authority. Next, your employer in the US or an agent submits an I-129 petition to the US Citizenship and Immigration Services (USCIS), explaining why you are the right person for the job.
After the USCIS approves the petition, the next step is to apply for a visa at the US embassy. There, you will undergo an interview during which you will need to demonstrate your achievements and convince the consular officer that your goal is to stay in the US temporarily for work. The interview is the final stage of obtaining a visa. It is worth noting that a talent visa (O category) allows you to change employers only if a new employer submits a new petition and it is approved by USCIS.
O-1 is ideal for those who want to try their hand in America, implement a specific project, or participate in international events.
The EB-1 visa is an immigration program created for exceptional professionals who have achieved significant recognition in their field. It grants the right to obtain a green card, i.e., permanent residence in the United States. This is one of the most prestigious and direct paths to the “American dream” for talented individuals.
The EB-1 visa is intended for individuals with extraordinary abilities and has three subcategories:
- EB-1A — for individuals with extraordinary achievements in various fields, such as science, art, or business, without the need to have a job offer in the United States.
- EB-1B — for scientists and researchers who are internationally recognized for their achievements. A job offer from a university or research institute is required.
- EB-1C — for executives and managers of international companies with at least one year of experience working for such companies prior to applying.
These visas provide an opportunity to obtain permanent residence in the United States for people with high professional qualifications.
As with the first visa, there are several important steps you need to take to obtain this one:
- Evidence of your outstanding abilities in your field, whether it be science, art, sports, or business.
- Confirmation of international or national recognition of your achievements, attesting to your authority in the professional community.
- Letters of recommendation from reputable individuals in your field who can attest to your achievements.
- Documented professional achievements that demonstrate your significance in the field.
- Job offer from an American employer (depending on the subcategory).
- Your eligibility for one of the EB-1 subcategories: EB-1A (for individuals with extraordinary abilities), EB-1B (for scientists and researchers), or EB-1C (for executives and managers).
Especially for the EB-1A and EB-1B categories, your scientific publications can play a decisive role. The greater the impact of your scientific achievements, the higher your chances of obtaining a visa. These visas open the door to new opportunities in the US for the most talented professionals!
And last but not least, the EB-2 visa. This is another immigrant visa, but with an emphasis on education and professional experience.
The EB-2 visa is ideal for highly skilled individuals who want to obtain permanent residence in the United States. It is suitable for those who have a master’s or doctoral degree, as well as those who have exceptional abilities in a particular field, even if those abilities have not received international recognition.
EB-2 immigrant visas are also divided into three categories:
EB-2 (A)
Applicants for this category must meet one of the following requirements:
- have a master’s degree and 1 to 3 years of work experience;
- have a bachelor’s degree and 5 years of successful work experience in the profession.
EB-2 (B)
In this case, the applicant must meet at least three of the following criteria:
- have official documents confirming education, diplomas, certificates, as well as awards from educational institutions in the field of achievements;
- have at least 10 years of work experience in the specialty, confirmed by letters from previous and current employers;
- hold licenses or certificates that grant the right to work in this field;
- have evidence that you receive remuneration for work related to your achievements;
- be a member of professional organizations; demonstrate recognition or achievement in the industry; have international awards in your field;
- be part of an international organization that requires outstanding achievements;
- provide publications of their works or confirm participation in the evaluation of other works;
- confirm authorship of scientific articles published in internationally recognized professional journals;
- as well as have evidence of participation in exhibitions of their works outside of one country.
EB-2 (C) (категорія National Interest Waiver — NIW)
Allows foreigners with exceptional abilities to apply for a visa without a job offer from an American employer, as labor certification is not required. To obtain such a visa, the applicant must prove that his or her activities are of significant national interest to the United States, namely:
- Prove that his ideas or achievements are of national importance.
- Contribute to science, the economy, culture, or education in the United States.
- Confirm that his work is in the national interest by means of letters of recommendation and other evidence.
This visa allows you to work in the United States if your activities contribute to the development of the country.
The main advantage of EB-2 is that if you can prove the importance of your work to the US, you do not necessarily need to have a job offer from an American employer (in the case of NIW). In addition, the requirements for this visa are less stringent than for EB-1, but it is still geared toward highly skilled professionals, making it an excellent choice for talented professionals.
Talent visas in the United States, including O-1, EB-1, and EB-2, are important tools for people who have outstanding achievements in their professional activities and want to realize their potential in America. These visas offer various paths to permanent resident status, allowing you not only to work but also to live in the United States. They are aimed at specialists, scientists, artists, athletes, and other professionals who have demonstrated significant results in their fields. With these visas, the US attracts talented people, supports innovation, and promotes the country’s economic development.
For over 21 years, our company has been providing reliable protection for the intangible assets of clients around the world. We help businesspeople and innovators applying for talent visas to prepare compelling materials that showcase their inventions and intellectual property. Our experts provide personalized support, carefully preparing your case to highlight your uniqueness and achievements.
Denis Pivnyak
American lawyer
United States, Miami
