For applicants planning to bring their loved ones to the United States, understanding the family provisions for O1 visa holders and EB-1 green card recipients is crucial. This article outlines the differences between the provisions for family members of O1 visa holders and EB-1 green card recipients and offers guidance on obtaining derivative visas and navigating the application process.

O1 Visa: Family Provisions and Derivative Visas

  • Spouses and Unmarried Children: O1 visa holders can bring their spouse and unmarried children under 21 years of age to the United States on an O3 visa, a derivative visa based on the O1 visa holder’s status.
  • Application Process: if the family members are in the U.S., they can file Form I-539 to change their status in the U.S. along with the O-1 petition concurrently. If they are outside the U.S. they need to apply for O-3 visas to accompany the O1 visa holder to the United States or join them later.
  • Employment and Education: O3 visa holders cannot work in the United States, therefore, they must qualify for a work visa in their own right. They are permitted to study without changing their visa status.

EB-1 Green Card: Family Provisions and Derivative Visas

  • Spouses and Unmarried Children: EB-1 green card recipients can bring their spouse and unmarried children under 21 years age to the United States. These family members are eligible for derivative green cards based on the primary applicant’s EB-1 status.
  • Application Process: EB-1 spouses and unmarried children under 21 years old can get green cards at the same time as the EB-1 applicant obtains a green card. If the family members are outside the United States, they can apply for an immigrant visa at a U.S. embassy or consulate.
  • Employment and Education: Even before approval of their green card applications, the spouse and children of EB-1 green card recipients can work and study in the United States based on their work permit and travel permit (aka advance parole). 

Although both O1 visa holders and EB-1 green card recipients can bring their family members to the United States, the provisions and application processes for derivative visas differ significantly. By understanding these differences, applicants and their families can better prepare for their immigration journey and establish a successful life in the United States.