O1 Visa vs. EB1 Green Card Options

Video Transcript – We hope you’ve been enjoying your interaction with us. We’ve put together this detailed outline so that you can compare the O1 visa options with the EB1 Green Option.

Please review all the information provided at your leisure. If you have any questions whatsoever, please do not hesitate to contact us as we’re here to help you secure your American Dream. Good luck!

O1 VISA – Employer/agency sponsorship requirement

The O1 is based on being able to present a client to US Immigration as having extraordinary ability, or put another way that they are at the very top of their profession. The prerequisite to apply for the O1 is that you must have agency or employer sponsorship. (The EB1, as mentioned above and further discussed below, does not have this prerequisite as it is a self-sponsorship option).

First we will need to meet this prerequisite – then, we will need to assess whether you can meet 3/8 categories of the O1:

O1 Checklist  – O1-B for Entertainment Professionals

Our firm has spent a lot of time and resources in developing our website so that our clients, both potential and current alike, can have a better understanding of their options. As linked above, I have included the link for the O1-B Visa for Entertainment Professionals. I highly recommend that you both put aside some time to watch the applicable video above, along with the videos on the various categories as found on that same page, and perhaps even try to start thinking about which categories you may qualify for.

Perhaps start with the looking to satisfy the following O1 categories: (1) Leading/Starring Role; (2) Recognition from Critics; and possibly (3) Recognition for Achievements. Be sure to review these and the other O1 categories, as well. Remember, we only need 3 categories. Of course, we will review all categories in detail during our call.

EB1 GREEN CARD – self-sponsorship option

Similar to the O1, the EB1 is also based on being able to present a client to U.S. Immigration as having extraordinary ability, or that they are at the top of their profession.  As aforementioned, the EB1 does not require employer or agency sponsorship, as it is a self-sponsored petition. Further, the EB1 paves a path to a Green Card, while the O1 is a non-immigrant visa. Similar to the O1, there are 10 categories of excellence, of which we would need to show that you meet 3/10 categories to qualify for the EB1.
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EB1 Checklist –  EB1 Green Card
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For the same reasons as outlined above, I highly recommend that you watch the EB1 checklist video, and start thinking about which categories you qualify for. As you will see, the EB1 categories essentially mirror the O1 Visa categories. In our experience, we have found that if we can make a solid case for the O1 Visa, it would be beneficial for the client to look into making a case for the EB1.
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In my preliminary analysis, I am quite confident that you are in great standing for the following EB1 categories: (1) Leading/Critical Role; (2) Exhibitions/Showcases – we can use any of your work that has been premiered/showcased at artistic exhibitions, such as Festivals, for this category; and possibly (3) Published Material About You; and/or (3) Judging. Remember, we only need 3/10 categories.
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1. APPLICABLE FEES: 
O1 Legal Fees:
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Our firm has a flat-rate $7,995 fee for the attorney fees for either the EB1 or the O1. These fees are broken down into three installment payments of 50% up front + a $150 case bindings fee, followed by 25% to be collected only when we are completely finished with 3 of the 10 categories for your case, and then the final 25% to be collected only when your O1 is ready to be shipped to USCIS.
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This means that only $4,147.50 is due to retain our firm to be your legal representation for either the O1 visa or EB1 Green Card. The rest of the payment ensues as discussed above.
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O1 Filing Fees:
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The only other fee for O1 visa processing is the $325 filing fee paid direct to the USCIS.  You can pay an additional $1225 for USCIS to Premium Process your case in just 15 days. Currently, the processing times for the O1 visa are listed at about 2 weeks, so the premium service option will unlikely be exercised.

EB1 Legal Fees:
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Phase 1, the EB1 Petition:
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Filing the EB1 Petition has the same legal fees as the O1 Visa fees: $7,995 total, with only $4,147.50 to retain.
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Phase 2, the Green Card:
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As opposed to the O1 Visa, the EB1 will have future fees involved as there is the second, Green Card phase.  Once we have hopefully won your EB1 Petition, the next phase is the Green Card application. Our attorney fees for preparing your Green Card are a flat-rate, and are $2,750 per family, again paid in two installments of 50% each. Further, the USCIS filing fees are $1,070 per Green Card.
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EB1 Filing Fees:
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The only other fee for EB1 processing is the $580 filing fee paid directly to USCIS. You have the option of paying an additional $1,225 to USCIS for Premium Processing, in which we will get an answer from USCIS regarding your EB1 in just 15 days.
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Many of our EB1 clients choose premium processing, so as to essentially get their answer for the EB1 from start to finish within 4 months time – which is pretty amazing, really.

2. BUILDING YOUR CASE:
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Once you are on board as a client for the O1 or EB1, you will have a full online case platform, directly accessible through our website in our Immigration Processing Center (“IPC”) database. Please note that if you retain before 3:00 p.m. PST during the work week, you will have same-day access to your online case platform.
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In order to win immigration cases, each piece of evidence has to meet a particular set of USCIS requirements. You will be personally assigned a Case Manager who will guide him as to how to precisely deliver the evidence required. As we receive the evidence we will begin drafting his Introductory materials, Individual Arguments (based on the top three categories we put forward), and finally, a Final Merits argument that ties the three categories together with a flourish.
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Our firm has prepared EB1 Petitions and O1 Visas in as little as one month, from start to finish. However, please anticipate an approximate 2-4 month period of time to prepare the petition, as much of our ability to draft legal arguments depends on the gathering of evidence from you, our client.

3. SUBMITTING YOUR CASE:

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If you decide to chose Premium Processing where USCIS will review your case in two weeks as opposed to 4+ months or so, we’ll get a Yes or Maybe within two weeks.
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In the vast majority of our cases we get a straight Yes. Sometimes we get a “maybe” if the officer needs further clarification on a category, otherwise known as a Request For Evidence (“RFE”). Please do keep in mind that if your Petition receives an RFE, we will assess how much legal work is required to answer the RFE, and may charge a maximum of up to 25% of the fees. This is determined on a case-by-case basis.

The good news is that as long as we are able to clear up the issue(s), we will get a Yes within two weeks, and we rarely charge the full 25% as the majority of the RFE’s we do receive do not require extensive legal work.

4. AFTER EB1 PETITION APPROVAL

As discussed above, once the EB1 petition is approved, the second phase of applying for your green card ensues. At this juncture, the green card fees will be due. We usually try and prepare your Green Card papers simultaneously to preparing your EB1 Petition, so that we can get your Green Card filed asap upon approval of the EB1 Petition.

Please note that there are no interviews involved. If we file for your green card abroad, you will attend the Embassy at the conclusion of your case just so that you can hand in your passport to get it stamped for a green card.  The Green Card will cover you, your spouse and any children under the age of 21 years old. As such, plan for you and your fiancee to be married before we file your EB1 Petition.

The Green Card phase takes approximately 3-6 months to complete.
RETAINER AGREEMENT:

While it is still a bit early on in the process, I would like to provide you with our Retainer Agreement found at the following link from our website: Retainer Agreement  Please note that this is the Retainer Agreement we will be using for any immigration option you choose to pursue.

Once you click on this link, the middle box underneath the video titled, “Complete your Retainer Agreement Here,” will take you to our Retainer Agreement. Please feel free to review this at your leisure, and as always let me know if you have any questions. Should you prefer, I will be happy to review it in full with you once we get to that juncture, as well.

SUCCESS STORIES:

When we can, we try to film interviews with some of our clients so they can share their story as to how they came from their country to become permanent residents, and give a further glimpse into the top-notch, personalized service our firm strives to provide. Again, we are very proud of our 92% success rate with EB1’s and O1’s, in comparison to the national average of 65%, and hope that our extensive approvals gallery will further build the confidence behind your decision to come on board as a valued client!

Ok – you must be pretty fired up now so let’s talk soon so we can get your on your way towards your green card.
Bye for now!

Chris M. Ingram, a U.S. Immigration Attorney, is originally from Northampton, England. He earned his BA (Hons) in Law from De Montfort University, Leicester, UK, in 1994. In 1996, he completed his Post Graduate Diploma in Legal Practice (PGDLP) at De Montfort School of Law, followed by a Master of Laws (LL.M.) from Huddersfield University, UK, in 1998. After relocating to the United States, Chris was admitted to the New York State Bar in 2003 and has been a proud member of the American Immigration Lawyers Association (AILA) since 2004.

Having experienced the U.S. immigration process firsthand with his wife and three children, Chris M. Ingram founded his law firm with a mission to ensure that every client receives the best possible immigration experience. He recognized the need for accessible and comprehensive immigration education, leading him to develop one of the most informative online platforms available today.

The Law Offices of Chris M. Ingram website now features:

1. Over 1,000 pages of immigration resources
2. Hundreds of educational videos on visa and green card options
3. Client success stories and testimonials to inspire new applicants

We continually update and expand our content to keep visitors informed about the latest immigration policies, visa options, and legal strategies.

Chris M. Ingram strongly believes that every potential client deserves a free consultation. This allows individuals to speak personally and confidentially with an immigration specialist about their visa, work permit, or green card options. Our goal is to provide the guidance and expertise needed to help you achieve your American Dream.
We’re delighted you’ve found us, and we look forward to helping you make your immigration journey a reality. You’ve come to the right place!

All videos and content created by the Law Offices of Chris M. Ingram are intended for general informational purposes only and do not constitute legal advice. If you require specific guidance regarding your immigration case, please contact our office for personalized legal assistance.
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