What If My EB-1B Petition Is Denied — Can I Refile in New York?

Yes, you can refile an EB-1B petition after a denial, but the new petition must address the specific grounds for denial stated in the USCIS decision. If the denial was based on insufficient evidence of international recognition, the new petition requires stronger documentation — additional citation metrics, more prominent journal publications, or letters from researchers outside your institution. If the denial challenged the permanence of your job offer, the employer must provide a revised letter clarifying that the position is indefinite or permanent under institutional policy. Law office of Peter Darwin Chu reviews denial notices to identify the weakest prong of the original petition and recommends whether to refile, appeal to the Administrative Appeals Office, or consider an alternative visa category like EB-2 National Interest Waiver.

What If I'm Currently on an H-1B Visa in New York — Can I Apply for EB-1B?

Yes, H-1B visa holders are eligible to file EB-1B petitions, and doing so does not jeopardize your current H-1B status. Filing an I-140 immigrant petition is not considered 'immigrant intent' that would disqualify you from maintaining nonimmigrant status under INA Section 214(b). Many New York researchers file EB-1B petitions while on H-1B to gain the benefits of an approved I-140 — including H-1B extensions beyond the six-year limit under AC21 portability rules and potential eligibility for same-employer or different-employer job changes without restarting the green card process. If your EB-1B is approved and a visa number is immediately available (EB-1 is current for most countries as of 2026), you can file Form I-485 for adjustment of status while remaining on H-1B.

What If My Research Position in New York Is Grant-Funded — Does That Disqualify Me?

No, grant-funded research positions can satisfy the EB-1B 'permanent position' requirement if the employer can demonstrate a track record of continuous or sequential grant funding that effectively creates indefinite employment. USCIS will review whether your institution has a history of renewing grants, whether your position is tied to a specific grant that expires in under 12 months, and whether the employer commits to retaining you beyond the current grant cycle. Law office of Peter Darwin Chu works with New York universities and research hospitals to draft employer letters that cite institutional policies on grant-funded faculty, provide historical data on grant renewal rates, and clarify the researcher's role in securing future funding — all factors AAO decisions have cited as evidence of permanence.

What If I Have Publications But No Major Awards — Can I Still Qualify for EB-1B in New York?

Yes, the EB-1B regulation requires evidence in at least two of six categories — awards and prizes is only one option. Most successful EB-1B petitions rely on evidence of published material about the researcher's work (category 3), authorship of scholarly articles (category 4), and participation as a peer reviewer or judge of others' work (category 5). For New York researchers with strong citation counts, multiple first-author publications in high-impact journals, and a record of reviewing manuscripts for major publishers, these categories often provide stronger evidence than a single award. Law office of Peter Darwin Chu structures petitions to emphasize the categories where your credentials are strongest and drafts expert letters that contextualize citation metrics and journal impact factors for USCIS adjudicators who may not be familiar with your field.