It is a Good Strategy to File EB-1A and EB2 NIW Applications at Same Time, EB-1A, NIW Strategy, EB-1A, EB2 NIW Applications, EB1 Extraordinary Ability, EB2 National Interest Waier

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It is a Good Strategy to File EB-1A and EB2 NIW Applications at Same Time

Hi William,

As a PostDoc, I plan to file Green Card application within 2 months, and also want to file EB1 Extraordinary Ability and EB2 National Interest Waier at the same time. Do you think this is a good strategy to make sure to Green Cad approval?

Answer,

You can file both an EB-1A and an NIW application simultaneously; this is considered a legitimate strategy to maximize your chances of approval as both petitions use the same Form I-140, and are allowed to be filed concurrently under U.S. immigration law.

Though EB-1A and NIW can be filed together, each application requires its own set of supporting documents and fees, as the criteria for each category differ slightly. If you believe you qualify for both categories, filing simultaneously can increase your odds of securing a green card by giving you two potential pathways to approval.

An alien applicant can actually file in two categories at one time, and may receive approvals in both. This application strategy is sometimes used where the alien applicant potentially qualifies in multiple categories, to enhance the likelihood of successful approval. For example, an applicant can receive Form I-140 application approvals in both the EB1 Extraordinary Ability and EB2 National Interest Waiver categories.

The following are important considerations about filing EB-1A and NIW concurrently:

1) No legal restriction: There is no rule prohibiting filing multiple employment-based immigration petitions at the same time.

2) Separate applications: Each petition requires its own set of supporting documents and application fees.

3) Strategic advantage: If you meet criteria for both categories, filing both petitions can increase your chances of securing a green card as one petition may be approved faster than the other.

4) Overlap in evidence: Some evidence used to support an EB-1A application might also be relevant to an NIW petition, depending on your field and achievements.