Comparing the EB1 green card to other artist visas in 2024

Published by Mei in EB1 Green Card | Updated 2024

The EB1 green card vs the other artist visa categories, such as the O and P visas:

Eligibility Requirements:

EB1: Individuals who demonstrate extraordinary ability in their field of art, as well as national or international recognition for their work.
O visa: Individuals who possess extraordinary ability in the arts and who have been recognized nationally or internationally for their achievements.
P visa: Individuals who are internationally recognized artists, entertainers and who are coming to the United States to perform in a specific event or program.

Sponsorship Requirements:

EB1: No sponsor or employer is required, as the EB1 green card is a self-petitioning visa category.
O visa: The individual must have a U.S. sponsor, such as an employer or agent, who files the visa application on their behalf. You are restricted in who you can work for. Actors particularly have issues with some studios and networks not wishing to hire them.
P visa: The individual must have a U.S. sponsor, such as an employer or agent, who files the visa application on their behalf. You are restricted in who you can work for.

Processing Time:

EB1: The processing time for the EB1 green card can vary, but it is generally faster than other green card categories.
O visa: The processing time for the O visa can also vary, but it generally takes several months to be processed.
P visa: The processing time for the P visa can also vary, but it generally takes several weeks to be processed.

Duration of Stay:

EB1: The EB1 green card offers permanent residency in the United States.
O visa: The O visa is a nonimmigrant visa that is generally valid for up to three years, with the possibility of extensions.
P visa: The P visa is a nonimmigrant visa that is generally valid for the duration of the specific event or program, up to a maximum of one year.

Renewal Requirements:

EB1: The EB1 green card offers permanent residency in the United States, so it can be forever as long as you file a [renewal] every 10 years. You may be permitted to file for [citizenship] after 5 years.
O visa: The O visa can be renewed indefinitely, as long as the individual continues to meet the eligibility requirements and has a U.S. sponsor.
P visa: The P visa can also be renewed indefinitely, as long as the individual continues to meet the eligibility requirements and has a U.S. sponsor.

Overall, the EB1 green card offers several advantages over other artist visa categories, such as the ability to self-petition and the direct path to permanent residency in the United States.

Benefits of the EB1 green card over other artist visas

Overall, the EB1 green card offers several advantages over other artist visa categories, such as the ability to self-petition and live and work permanently in the United States.

Here are some of the key benefits:

Self-Petitioning: One of the biggest advantages of the EB1 green card is that it is a self-petitioning visa category, meaning that artists can apply for the green card on their own without needing a sponsor or employer. This can be a major advantage for artists who are self-employed or who have trouble finding a sponsor.
[Permanent Residency]: The EB1 green card offers permanent residency in the United States, which means that artists who are approved for the green card can live and work in the U.S. on a permanent basis. This can be a major advantage over nonimmigrant visas, which are temporary and may require renewal or reapplication.
[Priority Processing]: The EB1 green card is considered a priority category, which means that applications are generally processed more quickly than other green card categories. This can be a major advantage for artists who need to start working in the U.S. as soon as possible.
No Annual Cap: Unlike many other green card categories, there is no annual cap on the number of EB1 green cards that can be issued each year. This means that artists who qualify for the green card do not need to worry about the visa category being oversubscribed or unavailable. There are no annual caps on O visas or P visas either but H1Bs and other sponsor employee green cards.
Ability to Work and Live Anywhere in the U.S.: Once an artist receives an EB1 green card, they are free to live and work anywhere in the United States. This can be a major advantage over nonimmigrant visas, which may restrict the artist’s ability to work for certain employers or in certain geographic areas.

Overall, the EB1 green card can offer significant benefits to artists who are looking to establish a permanent presence in the United States. It has certainly benefited us. Mei, Z, Jason and I have been working on green cards in the USA with so much more freedoms that when on O and P visas.

Each artist’s situation is unique, it’s important to understand the requirements and the process, perhaps the EB1 green card is the right option for you. Here’s more on the EB1 Green Card and how artists can apply.

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All articles are written from our experiences and the experiences of our colleagues. These are fantastic visas and we wish to empower others in applying. This information is for general guidance only and shouldn’t be considered legal advice.

If you have any questions or encounter any issues that we have left out let us know – it is important that others are aware. Email here!

Read HOW TO APPLY HERE

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