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Strategy

The dual petition strategy.

Burlington Consult files the EB-1A and NIW simultaneously — preserving a single priority date, creating strategic redundancy, and building one unified evidence record.

2 petitions
Filed simultaneously
1 priority date
Shared across both
12 months
RFE retainer included
Why dual filing

Two pathways. One strategy.

The EB-1A and NIW are complementary pathways that draw from the same professional record but are assessed under different legal frameworks.

Same priority date. Both petitions are receipted on the same day, establishing a single queue position.

Strategic redundancy. If one petition receives an RFE, the other continues processing independently.

One evidence record

Built once, deployed across both petitions with distinct legal arguments.

One priority date

Applies to whichever pathway is approved first.

Independent processing

An RFE on one does not affect the other.

One record. Two arguments.

Burlington builds a single unified evidence record and deploys it across both petitions with distinct legal arguments.

EB-1A
Kazarian two-step framework
Satisfying at least three of ten criteria, then demonstrating through a final merits determination that you are among the small percentage at the very top.
NIW
Dhanasar three-prong test
Substantial merit and national importance, strong positioning to advance the endeavour, and net benefit to the U.S. from waiving the job offer requirement.
The numbers

Why timing matters.

15 business days — premium processing decision on the I-140.

20–22 months — standard processing. Every month of delay extends the timeline by the same period.

41–49% — RFE issuance rates in early 2026. Dual filing ensures one RFE doesn't stall everything.

Proposed regulatory changes (RIN 1615-AC85) would raise evidentiary thresholds. Petitions filed now are assessed against current, more favourable standards.

~$20,000

Full dual petition. Comparable firms: $35,000–$55,000.

12-month RFE retainer

Included at no additional charge.

Key leads on your case
Chris Ogbodo
Chris Ogbodo
Founder & Lead Adviser
Chibuike Onyia, ACA
Chibuike Onyia, ACA
Salary Criterion Lead

File both. Preserve one priority date.

30 minutes. We'll assess whether your profile supports a dual EB-1A and NIW filing.