I changed my status from F-1 to B-2. Can I apply for EB-1?

It is important to understand that, although the EB-1 visa is an immigration category intended for individuals with extraordinary abilities or exceptional achievements in certain fields, the change of status from F-1 to B-2 may entail additional challenges in your immigration journey.

Generally speaking, the fact that you have transitioned from an F-1 (student) visa to a B-2 (tourist) visa does not, by itself, prevent you from applying for the EB-1. However, each application is evaluated individually, and applicants must consistently demonstrate that they meet all the requirements for the chosen category, whether through extraordinary abilities, recognition in the academic or business field.

In the case of the EB-1, it is essential to provide strong evidence of your professional merit and relevant contributions to the field. It is also relevant to mention that the B-2 visa, by its nature, is intended for temporary visits and not for establishing residence.

When opting to initiate an immigrant status adjustment process, as in the case of the EB-1, it is necessary that the entire process complies with United States immigration laws and regulations. Status changes may raise questions about prior immigration intentions, especially if the change involves categories with different presumptions of intent (non-immigrant versus immigrant).

Professional consultation with experts who understand the full situation is strongly recommended to guide you on the best way to proceed, avoiding risks of misunderstandings or complications that may arise during the process. It is also essential to beware of dubious service offers or campaigns promising guaranteed results, always considering that each case is unique and strict compliance with immigration rules is indispensable.

In short, yes, it is possible to apply for the EB-1 even after changing status to B-2, provided you meet all the specific requirements of this category and that your process is conducted consistently with United States laws. Having a detailed analysis of your current situation and carefully planning the adjustment of status strategy is fundamental for a safe and correct conduction of the immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.