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This already exists - the O-1 visa. EB1 is a green card type, you are confusing visas with residency permits here.


I don't think you can self-petition for an O-1 without job offer (at least that is what I remember). Just checked again, just to be sure [0].

I didn't suggest a new category in EBX, I said something similar for a visa where one can self-petition without a job offer, get the visa and work for whichever company she wants to work for, all without a need for an employer sponsorship. "self-petition without a job offer" being the key phrase.

[0] https://www.uscis.gov/working-united-states/temporary-worker...


Technically you need a registered company to "sponsor" you, but it can be your own company, where you are CEO and have 100% ownership. In the end, it's just a formality, the visa is granted on a personal basis. Compared to H1B where USCIS relies on a company to establish your credibility as a skilled worker, with O-1 they evaluate credibility themselves via multiple factors mostly involving peer validation (i.e. publications, articles, etc).

So yes, technically you need a job offer for O-1, but it's just a formality. Personally, I agree that it doesn't make much rational sense either, but then again barely anything makes sense when it comes to (US) immigration laws.




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