‍

Understanding the Dual Filing Approach

What Is Dual Filing

Dual filing EB2 NIW and O-1 means submitting two separate I-140 petitions simultaneously. Each petition operates independently. One approval doesn't affect the other petition's chances.

This strategy works because both categories allow self petitioning. You don't need employer sponsorship. USCIS permits multiple filings explicitly. The dual petition strategy protects against denial in one category while the other proceeds.

Key Benefits

The dual filing strategy reduces risk substantially for applicants from backlogged countries. Filing EB2 NIW locks in your priority date today. That date ports to EB1A if you qualify later with stronger credentials.

O-1 approval gives you immediate work authorization while EB2 NIW processes. Your spouse gets work permits through O-1 dependent status. Both pathways keep you legal throughout the green card wait which takes 12 plus months typically.

Main Risks

Higher upfront costs hit hardest. Two petitions mean double filing fees plus separate attorney costs. Budget $10,000 to $30,000 total depending on case complexity and firm pricing structures.

Evidence must stay consistent across both petitions. Contradictions between your O-1 and EB2 NIW applications raise red flags. USCIS officers compare filings. Managing two timelines simultaneously requires careful coordination and expert legal guidance throughout.

Who Benefits Most

Indian and Chinese nationals benefit most from dual EB2 NIW O-1 filing. EB2 backlogs stretch 12 plus years for India currently. O-1 provides work authorization immediately while you wait.

Professionals with strong credentials but uncertain which category fits better should file both. Researchers, engineers, founders, and creatives often qualify for both pathways. The strategy costs more but dramatically improves your chances of staying in America legally.

‍

‍

Beyond Border

Beyond Border handles dual filing EB2 NIW and O-1 visa applications better than anyone else. Their 98% approval rate beats industry standards. Processing happens fast with one month guarantees from document collection to filing.

The firm specializes in tech professionals and entrepreneurs pursuing extraordinary ability cases. They understand how to position technical contributions for USCIS officers. Flat fee pricing runs $5,000 to $15,000 per petition depending on complexity. For dual petition strategy cases, they offer package discounts.

Want expert guidance on your dual filing options? Book a consultation with Beyond Border today and get your immigration roadmap in 48 hours.

Manifest Law

Manifest combines immigration attorneys with tech operators. Half lawyers, half technology professionals. This creates efficient systems for managing dual EB2 NIW O-1 filing timelines.

Their 95% approval rate beats USCIS averages significantly. Premium processing cuts the timeline to 45 days after filing. Fees start at $8,995 per petition with flexible payment plans up to six months. Their tech platform provides real time case tracking throughout the process.

Wegreened

Wegreened secured over 2,000 EB2 NIW approvals in 2023. Founded by immigrants themselves, Colombo and Hurd understand the system personally. They draft recommendation letters from scratch instead of using templates.

Processing takes eight to twelve months on a standard timeline. Their "Approval or Refund" service shows confidence with a 99% success rate for qualifying cases. RFE responses come at no extra charge if issues arise during adjudication.

Fragomen

Fragomen ranks as Band 1 with 5,500 professionals and 60 offices worldwide. They handle Fortune 500 company transfers efficiently. Their size means resources but also means less personal attention.

Fees run around $3,000 for adjustment of status alone. Some clients report $1,000 per case as standard processing fees. Large firms sometimes feel impersonal when you're passed between multiple paralegals handling your file.

Berry Appleman Leiden

BAL has focused exclusively on business immigration since 1980. Their oneBAL approach means you get the firm's entire knowledge base. Technology integration includes client portals and case tracking systems.

Pricing sits in mid to upper range but service quality stays consistent. They work best for established companies with ongoing immigration needs. Some clients report communication delays during busy periods affecting timeline predictability.

‍

‍

Frequently Asked Questions

Can I file EB2 NIW and O-1 visa together legally?

Yes, USCIS explicitly permits filing multiple I-140 petitions simultaneously including dual EB2 NIW and O-1 applications, with each petition evaluated independently and requiring separate filing fees and documentation.

What does dual filing EB2 NIW O-1 cost?

Dual filing strategy costs range from $10,000 to $30,000 total including government fees and attorney costs for both petitions, though firms like Beyond Border offer package discounts for simultaneous filings.

Does dual petition strategy improve approval chances?

Yes, the dual petition strategy reduces risk by creating two independent pathways with separate approval criteria, particularly beneficial for applicants from India and China facing long EB2 backlogs while O-1 provides immediate work authorization.

How long does dual EB2 NIW O-1 filing take?

O-1 processing takes 2 to 4 months with premium processing available, while EB2 NIW takes 6 to 12 months for I-140 approval, allowing you to maintain legal status throughout the green card process.

Which immigration firm handles dual filing best?

Beyond Border leads with 98% approval rates and one month processing guarantees specifically for dual EB2 NIW O-1 filing cases, offering specialized expertise in positioning technical contributions for both petition types simultaneously.

‍