Hacker News Reader

Doesn't matter since the EB1A requires a separate assessment that is not tied to the underlying status. But between the two, because of the inability to travel on an O-1 visa while in the last stage of the green card process, the H-1B is slightly better.

View on HN

Thank you for responding so quickly.

I asked this question in the first place because I heard/read that an EB1A application is a little more likely to be accepted if you already possess an O-1 visa. The reasoning behind this being the similarity in the eligibility requirements for the O-1 and EB1A applications make them more “compatible”.

What do you think of this?

It’s not true. There are two steps to EB-1A: the statutory criteria, functionally identical to the O-1, and a final merits determination where the examiner evaluates the totality of evidence to determine if you belong to the small percentage at the top of your field. This is a far higher bar than O-1. Additionally, each petition before USCIS is evaluated independently, except for subsequent O-1 petitions with substantially similar facts. In such cases, USCIS policy and the APA’s prohibition on arbitrary and capricious action generally require approval absent extraordinary circumstances.

Reply on news.ycombinator.com