Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

PhD students currently on F1 can apply for EB1A or EB2-NIW


I am a PhD student, with only 2 conference publications. At the end of my PhD I might expect few more conference publications/ proceedings and 2 journal papers. I have 4 years of industrial experience in hometown raising from an Engineer level to Senior Engineer level.

I have two questions:

Will my qualification seem sufficient enough to apply immediately? If not, when would be appropriate? Typically how many journal publications does applicants possess? Will those publications based in U.S has more weight?

I am right now on F1 visa. If I do not get approved at this time, will I still remain on F1? Can I still opt for regular F1 to OPT to H1? 

If I apply when I am in OPT, and if its gets rejected; will my status continue in OPT.

(I am aware that if I am in H1 visa and if the Green card petition gets rejected then I can still continue on H1 until my visa expires)

Please help me.

Thank you.



One Response to PhD students currently on F1 can apply for EB1A or EB2-NIW

  • Tigran Kalaydzhyan says:

    Dear Vyas,

    Number of publications itself is not representative, what is more important is the impact of these publications. For instance, a small number of papers well cited and extensively used in the scientific community can be enough for certain cases. I know of successful cases with as few as 3 publications and as many as 50 and more. I would wait for publications in peer-reviewed journals with existing impact factors before proceeding with the petition.

    Publications produced while in the U.S. have no special status. If your I-140 is denied while you are on F1, then you may not be able to extend/obtain F1/OPT. However, you do not lose F1. Yes, you can obtain H1B after I-140 is denied.

Leave a Reply

Your email address will not be published. Required fields are marked *