Can F-1 students work in the U.S.?
Yes, F-1 students can work on-campus and qualify for CPT (internships) and OPT (post-graduation work authorization).
What is the F-1 visa?
The F-1 visa is a non-immigrant student visa for individuals studying in the U.S. at an accredited academic institution.
Can I switch from O-1A to another visa?
Yes, you can change status to H-1B, EB-1A, EB-2 NIW, or another work visa.
Can O-1A visa holders bring dependents?
Yes, dependents receive O-3 status, but they cannot work in the U.S.
Can O-1A visa holders apply for a green card?
Yes, but they must switch to EB-1A, EB-2 NIW, or another employment-based category.
How long can I stay on an O-1A visa?
The initial stay is up to three years, with one-year extensions available.
Can I self-petition for O-1A?
No, an employer or agent must file the petition.
Who qualifies for an O-1A visa?
Applicants must meet at least three out of eight criteria, similar to EB-1A, such as awards, publications, and leadership roles.
How is O-1A different from EB-1A?
O-1A is a non-immigrant visa, while EB-1A leads to a green card. O-1A requires an employer or agent, while EB-1A allows self-petitioning.
What is the O-1A visa?
The O-1A visa is a temporary work visa for individuals with extraordinary ability in science, business, education, or athletics.
Can I apply for EB-2 NIW while outside the U.S.?
Yes, you can apply from abroad and process your green card through consular processing once your I-140 is approved.
Can I apply for EB-2 NIW while on an F-1 or H-1B visa?
Yes, you can apply while on an F-1 (student visa) or H-1B (work visa), but F-1 applicants must consider the risk of dual intent issues.
What happens if my EB-2 NIW is denied?
You can file a motion to reopen, appeal, or submit a stronger petition with additional evidence.
Can EB-2 NIW lead to a green card?
Yes, once Form I-140 is approved, applicants can file for adjustment of status (I-485) or consular processing to get a green card.
What evidence is needed for EB-2 NIW?
Strong cases include publications, patents, media recognition, recommendation letters, and proof of real-world impact in the U.S.
How long does the EB-2 NIW process take?
Processing can take 10-18 months, though premium processing can shorten the wait for I-140 approval to 45 days.
What types of professions qualify for EB-2 NIW?
Scientists, researchers, entrepreneurs, doctors, engineers, and professionals in fields with a broad societal impact may qualify.
Do I need a job offer for EB-2 NIW?
No, EB-2 NIW allows self-petitioning, meaning no employer sponsorship is required.
Who qualifies for EB-2 NIW?
Applicants must meet three main criteria under the Dhanasar framework, proving their work has substantial merit and national importance, they are well-positioned to advance their field, and the U.S. benefits from waiving labor certification.
What is the EB-2 NIW visa?
The EB-2 NIW (National Interest Waiver) allows professionals with advanced degrees or exceptional ability to bypass the job offer and labor certification requirements by proving their work benefits the U.S.
Is premium processing available for EB-1A?
Yes, USCIS offers premium processing for Form I-140, providing a response within 15 calendar days for an additional fee.
Can I work while my EB-1A petition is pending?
You can work in the U.S. if you have a valid visa status, such as H-1B, O-1, or another work visa, but an approved I-140 does not automatically grant work authorization.
What happens if my EB-1A petition is denied?
If denied, you can file a motion to reopen, appeal the decision, or reapply with stronger evidence.
Can an EB-1A visa lead to a green card?
Yes, once Form I-140 is approved and a visa is available, applicants can file for adjustment of status (Form I-485) or consular processing to obtain a green card.
What type of evidence strengthens an EB-1A petition?
Strong petitions include letters of recommendation, media coverage, awards, leadership roles, and publications showcasing the applicant’s impact in their field and a lot more.
Does EB-1A require a job offer?
No, EB-1A does not require a job offer, but applicants must demonstrate they will continue working in their field of expertise.
How long does the EB-1A process take?
Processing times vary, but with premium processing, a decision on Form I-140 can be made within 15 days. Regular processing may take several months to over a year.
Can I self-petition for an EB-1A visa?
Yes, the EB-1A category allows individuals to self-petition, meaning no employer sponsorship is required.
What are the main eligibility criteria for EB-1A?
Applicants must demonstrate extraordinary ability by meeting at least 3 out of 10 USCIS criteria, such as awards, media recognition, publications, a high salary and a lot more achievements in their field.
What is the EB-1A visa?
The EB-1A visa is a U.S. green card visa category for individuals with extraordinary ability in science, arts, education, business, or athletics, allowing them to self-petition without employer sponsorship.