They say that if you first obtain an O-1, an EB-1 is then approved more readily — supposedly it somehow confirms your status. But I’m already in the U.S. and don’t see the point of spending extra money and time on an O-1 if you can file the I-140 directly. Has anyone actually checked whether this scheme provides any advantage or is it just a myth?
Detailed analysis of the topic: O-1 Visa: petitioner, agent, agency scheme
Go ahead and apply directly for an EB-1 if you’re already in the US — an O-1 is really an unnecessary extra step here )
To be honest, that’s more of a myth. The criteria for O-1 and EB-1A are pretty similar, and if you’re already in the States there’s no point in paying twice for basically the same thing. An EB-1 officer doesn’t really look at a prior O-1 — they evaluate your evidence directly against the criteria. Roughly speaking, the scheme only makes sense if you needed a quick way to get into the US and you’re already here.
You don’t get any credit for a previous O-1 when applying for EB-1 — the officer evaluates the evidence from scratch. It effectively means paying twice for the same set of criteria.
Plus, the standard for EB-1A is substantially higher than for the O-1, and with the O-1 route there are additional complications around forming a company and arranging to be your own sponsor.