EB-3
VS
O-1B
Type
Green card
Nonimmigrant visa
Description
Skilled Workers, Professionals, and Other Workers
Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry
Profiles that typically qualify
Almost any worker
Artists, Actors, Directors, Musicians, Painters, Photographers, Dancers, Writers, Chefs, Designers
Requirements
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
Demonstrate sustained extraordinary achievement in your field with at least 3 of 6 types of required evidence, such as receiving prestigious awards, earning higher remuneration compared to others in your field, or holding lead or starring roles in notable productions.
Continue working in your area of extraordinary ability in the U.S.
Pros
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
Flexible sponsorship options, including sponsorship by an agent—an individual or entity designated to act on your behalf—instead of a single payroll employer. This allows you to work for multiple employers and change employers easily.
A good option for new or small employers.
Typically has a lower threshold than the O-1A visa.
An excellent step toward building an EB-1A extraordinary ability green card.
Cons
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
Requires a higher level of individual experience and credentials in your field compared to other visa categories.
Employment is limited to the specific area of extraordinary ability or achievement.
Sponsorship
Required
Required
Validity period
Permanent residency
3 years
Renewable
Every 10 years
Indefinitely, in 1-year increments
Without premium processing
Three stages, totaling about 36-48 months1
2-4 months
With premium processing
15 business days2
15 business days
Can spouse work
Yes
No
Disclaimers
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
-
Type
EB-3
Green card
O-1B
Nonimmigrant visa
Description
EB-3
Skilled Workers, Professionals, and Other Workers
O-1B
Extraordinary Ability in the Arts or Extraordinary Achievement in Motion Picture or Television Industry
Profiles that typically qualify
EB-3
Almost any worker
O-1B
Artists, Actors, Directors, Musicians, Painters, Photographers, Dancers, Writers, Chefs, Designers
Requirements
EB-3
Must have a job offer and undergo labor certification (PERM), showing no available qualified U.S. workers.
Skilled Workers: Job offer requires at least 2 years of training or experience.
Professionals: Job offer requires a U.S. bachelor's degree or foreign equivalent.
Other Workers: Job offer requiring less than 2 years of training or experience.
O-1B
Demonstrate sustained extraordinary achievement in your field with at least 3 of 6 types of required evidence, such as receiving prestigious awards, earning higher remuneration compared to others in your field, or holding lead or starring roles in notable productions.
Continue working in your area of extraordinary ability in the U.S.
Pros
EB-3
Provides complete flexibility to work, live, and study in the U.S.
Straightforward process with clear requirements.
Highly flexible, applicable to almost any job that aligns with your experience or qualifications based on its minimum requirements.
O-1B
Flexible sponsorship options, including sponsorship by an agent—an individual or entity designated to act on your behalf—instead of a single payroll employer. This allows you to work for multiple employers and change employers easily.
A good option for new or small employers.
Typically has a lower threshold than the O-1A visa.
An excellent step toward building an EB-1A extraordinary ability green card.
Cons
EB-3
The labor certification process (PERM) is lengthy and time-consuming.
Applicants are tied to the employer sponsoring the petition for most of the application process.
Slower processing times compared to other categories, particularly for applicants from certain countries.
O-1B
Requires a higher level of individual experience and credentials in your field compared to other visa categories.
Employment is limited to the specific area of extraordinary ability or achievement.
Sponsorship
EB-3
Required
O-1B
Required
Validity period
EB-3
Permanent residency
O-1B
3 years
Renewable
EB-3
Every 10 years
O-1B
Indefinitely, in 1-year increments
Without premium processing
EB-3
Three stages, totaling about 36-48 months1
O-1B
2-4 months
With premium processing
EB-3
15 business days2
O-1B
15 business days
Can spouse work
EB-3
Yes
O-1B
No
Disclaimers
EB-3
1Applicants from India, China, or Mexico may experience longer wait times.
2Available for only one stage of the process, with minimal impact on the overall processing time.
O-1B
-