What If I Don't Have All Ten EB-1A Criteria — Can I Still File in Orlando?

You only need to satisfy three of the ten regulatory criteria listed in 8 CFR 204.5(h)(3) to qualify for EB-1A classification — not all ten. USCIS evaluates evidence under a two-step framework established by Kazarian v. USCIS: first, whether you meet at least three criteria, and second, whether the totality of evidence demonstrates sustained national or international acclaim and that your achievements have been recognized in your field. Many Orlando EB-1A petitioners qualify through combinations such as: published material about their work, membership in associations requiring outstanding achievement, and evidence of high salary or remuneration. The Law Office of Peter Darwin Chu conducts preliminary evidence assessments to identify which three criteria your portfolio most clearly satisfies before drafting the petition.

What If My EB-1A Petition Receives a Request for Evidence in Orlando?

An RFE (Request for Evidence) is not a denial — it is USCIS's formal request for additional documentation or clarification of existing evidence, and response timelines are strictly enforced. In Florida, RFE response deadlines are typically 87 days from the notice date, and missing this deadline converts the petition to a denial. The most common EB-1A RFEs challenge whether the evidence demonstrates sustained acclaim, whether the petitioner will continue work in their field of extraordinary ability in the U.S., and whether achievements meet the final merits determination standard. The Law Office of Peter Darwin Chu prepares substantive RFE responses with supplemental expert letters, additional published material, and detailed legal briefs addressing each USCIS objection — responses we structure for approval, not just submission.

What If I'm Already in Orlando on an H-1B — Should I Still File EB-1A?

Yes, filing an EB-1A petition while in H-1B status in Orlando is not only permissible but strategically advantageous in many cases. EB-1A is a self-petition that does not require employer sponsorship, labor certification, or PERM processing — it can be filed independently of your H-1B sponsor and does not obligate you to remain with your current employer after approval. Because EB-1A petitions are filed in the EB-1 preference category, approved petitions typically have current priority dates with no multi-year visa bulletin backlog, unlike EB-2 and EB-3. If your EB-1A is approved while you are in valid H-1B status, you can file an I-485 Adjustment of Status application immediately if a visa number is available — or port your priority date to a future employer if you change jobs before adjustment.

What If I Haven't Won Major International Awards — Can I Still Qualify for EB-1A in Orlando?

You do not need a Nobel Prize, Olympic medal, or Pulitzer to qualify for EB-1A classification. While receipt of a major internationally recognized award satisfies the standard on its own, the vast majority of approved EB-1A petitions are based on meeting three of the ten regulatory criteria — not the single award pathway. Orlando professionals successfully obtain EB-1A approval through combinations such as: authorship of scholarly articles with significant citation counts, membership in peer-reviewed professional associations, serving as a peer reviewer for academic journals, evidence of original contributions of major significance to the field, and commanding high salaries relative to others in the occupation. The Law Office of Peter Darwin Chu structures evidence portfolios to demonstrate extraordinary ability through the totality of your achievements — even when no single award dominates your record.