Comment by alsodumb | Hacker News Reader

Comment by alsodumb | Hacker News Reader

Hi! Thanks for doing this! I am a PhD student planning to apply for EB-1 soon (that's the only path that could work for me due to my nationality).

I am trying to understand what it takes for a successful EB-1 application and have a few questions:

1. From what I've seen, the application packet I will send would be hundreds of pages (with all the expected evidence). I am assuming the officer reviewing my application wouldn't have the time and expertise to go through all of it. What exactly would they be looking for? (in your experience) Is it the executive summary? What matters the most?

2. After the AI and LLM age, citations counts are all over the place. It's fairly common to have hundreds of citations as a grad student these days. However, if you are working in a niche area, how would you prove that your relatively low citation count is okay in your area?

3. F-1 visa is non-immigrant visa. However, I've seen many PhD students apply for EB-1 and successfully get it as a F-1 student. How exactly does that work? Would a pending/succesful EB-1 visa mean I'd never get OPT? (assuming I am waiting for my priority date).

Thanks for your time!

Not a lawyer. General advice assuming you are from India/China.

First, don't procrastinate. There is a non linear relationship between real time and USCIS time. It's something like 1:5 or more. So 1 month of procrastination is delaying your green card by 5 months. If you don't think you can do an EB1 right away, do an EB2-NIW to lock the priority date, assuming you don't have a priority date already.

1. The bar is sustained international acclaim and being at the top of the field. If you fit the standard researcher profile, papers, awards, citations, patents, salary and other quantifiable metrics would be a good place to anchor your application.

2. Supplement it with reference letters and show impact in other ways. It's all subjective. Look at other templates or get a lawyer.

3. There shouldn't be any interaction between the two, but not a lawyer. Check with one, especially if you plan to travel.

Look at AAO decisions to get a sense of what gets rejected.

I am an F-1 doing an EB2-NIW so I have some background around these topics.

1. The bar is very high. You must show that you have "risen to the top of your field" through very substantive evidence. There is a list of admissible evidence on the USCIS website. An attorney can discuss whether this is worth pursuing from your credentials.

2. The USCIS values citations but it's not everything. In my petition, I relied on reference letters from experts in the field who have cited my work from across the country. Again, an attorney can help with this.

3. You must not have immigration intent at the start of your F-1 period. However, you can change your mind afterwards and you can file an I-140 after 90 days, which is what USCIS considers a "long enough" time period. But in doing so, you have demonstrated your intent to stay and it's highly recommended that you do not leave the country until you get your GC.

Good luck!

You should look into securing your priority date via EB2-NIW and applying through EB1-B -- that's far easier to get approval for than EB1-A.

Good advice. Regarding the EB1A, it's so fact-specific requiring a careful review of the facts that it's hard to respond. All I can say without knowing more is that the standard while high is almost always within reach of those with PhDs.

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