CAUTION FOR F-1 STUDENTS AND EARLY-CAREER PROFESSIONALS WHO ARE YET TO FILE FOR AN EMPLOYMENT-BASED VISA CATEGORY!!!

Filing for EB-1A as an F-1 student or early-career professional, especially now that EB-2 NIW is current, should be approached with caution, even if you appear to meet multiple evidentiary criteria.

EB-1A petitions are evaluated through a two-step analysis:

1. Initial Criteria Assessment

   
   

   You must meet at least 3 of the 10 regulatory criteria for extraordinary ability.

2. Final Merits Determination

   
   

   The USCIS officer evaluates the petition in its entirety to determine whether you have demonstrated sustained national or international acclaim and are among the small percentage at the very top of your field.

A critical factor in this second stage is the timeline and consistency of your achievements. Officers may assess whether your accomplishments reflect:

• Long-term, sustained excellence; or

• A concentrated effort over a short period primarily to support an immigration petition

For example, building a strong profile within 1–2 years while pursuing a graduate degree, such as multiple publications, awards, media features, and ~200 citations (e.g., on Google Scholar or ResearchGate), may raise questions about the sustainability and recognition of those achievements because the officer may think you deliberately got those achievements just for the purpose of filing for EB1A.

Note that EB1A applicants are therefore expected to demonstrate a consistent record of excellence over time, showing that:

• They have been distinguished in the past

• They remain active and impactful in the present

• They are likely to continue contributing at a high level in the future

Achieving many of these credentials during a short graduate program period may be viewed as a potential red flag, depending on the context. It is important to note that the final merits determination is discretionary.

The ultimate goal is not simply to file under EB-1A, but to secure approval, even if it is under EB2 NIW category.

Given that EB-2 NIW is current, filing for EB-2 NIW is a more strategic and viable pathway for F-1 student or early-career professional.

For us at Vertex Consult, smart immigration strategy matters more than bold moves.