Episode 9: F-1 Student Visa to Green Card: A Roadmap

1. Why a Ph.D.?

   1. Distinctive qualifications to find a job.

   2. Opportunity to build qualifications for self-petition and O-1.

      1. “Criteria for Demonstrating Extraordinary Ability

         In order to demonstrate you have sustained national or international acclaim and that your achievements have been recognized in your field of expertise, you must either include evidence of a one-time achievement (major internationally-recognized award) or 3 of the 10 listed criteria below (or comparable evidence if any of the criteria do not readily apply):

         • Evidence of receipt of lesser nationally or internationally recognized prizes or awards for excellence

         • Evidence of your membership in associations in the field which demand outstanding achievement of their members

         • Evidence of published material about you in professional or major trade publications or other major media

         • Evidence that you have been asked to judge the work of others, either individually or on a panel

         • Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field

         • Evidence of your authorship of scholarly articles in professional or major trade publications or other major media

         • Evidence that your work has been displayed at artistic exhibitions or showcases

         • Evidence of your performance of a leading or critical role in distinguished organizations

         • Evidence that you command a high salary or other significantly high remuneration in relation to others in the field

         • Evidence of your commercial successes in the performing arts

      2. More about EB-1 (similar to O-1)

2. Understanding intent: Non-immigrant visas like F-1 versus “almost” dual intent like O-1 versus true dual intent like H-1B.

3. Understanding the H-1B cap and H-1B cap exemption.

4. Understanding the unspoken distinction between O-1 and EB-1A.

5. Understanding the Visa Bulletin and Priority Date Retention.

6. Understanding the importance of EB-1B (employer sponsorship for EB-1) versus EB-1A.