Learn how to file EB-1 and NIW petitions together for faster green cards. Discover dual filing strategies, priority date retention, and timing for India and worldwide applicants.
Immigration lawyers use a term that confuses many people. Dual filing. It sounds complicated but it's simple.You file two different green card petitions at the same time. Or close to the same time. Each petition stands on its own merits.
There is no regulatory limit on the number of I-140 petitions that can be filed for a single beneficiary by one or more petitioners or self petitioned where possible, with an individual able to have both an EB-2 and an EB-1 petition filed concurrently or sequentially Lockeimmigration.Think of it like insurance. Maybe your EB-1 case is strong but not guaranteed. File an EB-2 NIW as backup. Or maybe your EB-2 NIW will definitely get approved but takes forever due to visa backlogs. File EB-1 to potentially skip ahead.
Filing multiple petitions is a recognized and legitimate strategy, with USCIS understanding that applicants may qualify under multiple categories and not penalizing this approach, as each petition is evaluated independently on its own merits Alagirilaw.This strategy works particularly well for highly accomplished professionals who meet criteria for multiple categories.Ready to explore dual filing options? Beyond Border can evaluate your qualifications for both EB-1 and NIW categories and develop a customized strategy.
Before combining strategies, understand what you're combining.The foreign national files Form I-140 without a job offer or labor certification, as the petitioner must not only meet EB2 eligibility criteria of advanced degree or exceptional ability but must also establish that a waiver of the job offer and labor certification is in the national interest of the United States WeGreened.The NIW sits within the EB-2 category. Regular EB-2 requires your employer to sponsor you and complete labor certification proving no qualified Americans want the job. That process takes years.
NIW lets you skip all that.The National Interest Waiver waives the job offer and labor certification requirement because it is in the national interest of the United States, with USCIS reviewing the totality of evidence when adjudicating requests USCIS. You need an advanced degree. Master's or PhD. Or a bachelor's plus five years progressive experience. Plus exceptional ability in your field.
Then you prove your work benefits America. This is evaluated using the three prong test from the Matter of Dhanasar decision showing the proposed endeavor has substantial merit and national importance, the foreign national is well positioned to advance the proposed endeavor, and on balance it would benefit the United States to waive requirements WeGreened.Researchers love NIW. Entrepreneurs use it. Doctors qualify. Engineers fit. Anyone whose work addresses national priorities.
India faces the toughest situation. EB2 NIW processing time for I-140 approval takes fourteen to nineteen months or forty five days with premium processing, but Indian applicants face total wait times of twelve to fifteen years due to per country visa caps with priority dates currently at January 2013 as of late 2025 Beyondborderglobal.Read that again. Twelve to fifteen years. After approval.
Per country limits create this nightmare. As of October 2024 EB-2 visa numbers were retrogressed for natives of India by almost twelve years, four years for natives of China, and about one year for natives of all other countries Foglelaw.But Indians can absolutely apply. Indian nationals with priority dates after the August 2012 cutoff will need to wait over twelve years to receive a green card, with extreme predictions for the backlog estimating wait times of fifty to one hundred years Skycap Consultancy.
Why bother then? Strategic reasons exist.An approved EB-2 NIW petition allows your H-1B visa to be extended indefinitely beyond the standard six year limit providing long term stability, and once your I-140 is approved your H-4 dependent spouse can apply for an Employment Authorization Document enabling them to work legally Skycap Consultancy.Beyond Border specializes in helping Indian nationals navigate visa backlogs through strategic dual filing and priority date planning.
This is where strategy gets interesting.This strategic approach involves filing an EB-2 NIW petition now to secure a priority date while simultaneously building qualifications for an EB-1A petition at a later point in career Colombo & Hurd.Here's how it works. File NIW today. Get approved. Your priority date locks in. That date is your place in line.Spend the next few years building stronger credentials. Publish more. Win awards. Get media coverage. Speak at conferences. Build the extraordinary ability case.
Then file EB-1. When filing your EB-1A petition explicitly request to retain the priority date from your previously approved EB-2 NIW petition, taking advantage of the transferability of priority dates between employment based categories Colombo & Hurd.
The math changes dramatically. For Indian nationals the EB-2 category currently has a backlog stretching over a decade while the EB-1A category typically has a wait time of only two to three years, creating a significant opportunity to secure a priority date through NIW while building qualifications for EB-1A Colombo & Hurd.You keep your early place in line. But move to a faster line.
Both categories want accomplished professionals. The bars sit at different heights.The EB-1A requires proof of extraordinary ability while the EB-2 NIW requires an advanced degree or exceptional ability, with the basic qualifications for EB-2 NIW many times lower than EB-1A visa Darrensilver.
EB-1A demands you're among the top in your field. National or international acclaim. You must include evidence of a one time achievement like a major internationally recognized award or three of ten listed criteria including receipt of nationally or internationally recognized prizes, membership in associations demanding outstanding achievement, published material about you, authorship of scholarly articles, judging others work, original contributions, leading roles, high salary, or commercial successes USCIS.
NIW sets a lower bar. Advanced degree plus work benefiting America. EB1-A requires extraordinary ability meaning sustained national or international acclaim while EB2 NIW focuses on national interest with the threshold more accessible for many professionals, as you may file both petitions simultaneously and they are adjudicated independently WeGreened.This difference explains why many people qualify for NIW but not yet for EB-1. Your career isn't finished developing. NIW works now. EB-1 comes later.In many cases an applicant will meet overlapping criteria and as a strategy it may make sense for the applicant to file both an EB1A and also an EB2 NIW application concurrently with Darrensilver.Beyond Border's attorneys can assess whether you meet criteria for one or both categories and recommend the optimal filing approach.
Why file two petitions when one might work?
Filing for EB1 and EB2 visa categories simultaneously offers several strategic advantages including the ability to file multiple petitions which is a legitimate and common strategy to increase chances of approval under different categories of Lockeimmigration.First advantage? Multiple shots on goal. This strategy increases approval odds as if one gets denied the other might succeed, providing backup plan hedging against changing immigration policies EB1 EB2 DIY.Second advantage? Timing flexibility. By submitting both applications at the same time you may benefit from parallel processing allowing you to potentially receive decisions on both applications more quickly than if you were to file them sequentially Lockeimmigration.
