O-1 Visa Approval =Approved EB-1?

Question: I was just approved for an O-1 visa as an MMA coach. Will it be easy for me to get my case approved for an EB-1 green card?

Reply: Not necessarily. While some of the requirements may be similar, generally speaking there is a higher threshold for an EB-1 green card than there is for an O-1 visa.

An approval of an O-1 visa may be taken into consideration by a USCIS officer, but it does not mean an EB-1 green card application will be automatically approved on account of the O-1 visa approval. USCIS’ Policy Manual states that “[t]hough the prior approval of an O-1 petition may be a relevant consideration in adjudicating an immigrant petition for a person with extraordinary ability, it is not determinative. Eligibility as an O-1 nonimmigrant does not automatically establish eligibility for immigrant extraordinary ability classification.” USCIS Policy Manual, Vol. 6, Ch. 2.

The Administrative Appeals Office (AAO), which reviews the appeals of denied immigrant visas and other applications, has stated that when it reviews EB-1 green card application denials, it reviews the case on its own merits and did not think it helpful to consider an applicant’s approved O-1 visa petition. AILA Liaison/AAO Q & As, AILA Doc. No. 07051068 (3/15/2007). The AAO also stated that it considered the EB-1 green card category as having “a more exacting standard” than the O-1 visa classification. Id.

For example, in a recent decision, the AAO specifically stated that although USCIS had approved an EB-1 applicant’s O-1 visa petition in the past, this did not “preclude USCIS from denying an immigrant visa petition which is adjudicated based on a different standard - statute, regulations, and case law.” In Re 18407301, Appeal of NSC Decision (AAO Nov. 1, 2021). The AAO added that “[m]any Form I-140 immigrant petitions are denied after USCIS approves prior nonimmigrant petitions,” and that the AAO is not bound to follow the adjudications made by USCIS. Id.