Burlington Consult files EB-1A and EB-2 NIW simultaneously — preserving a single priority date, creating strategic redundancy, and building one unified evidence record.
The EB-1A and EB-2 NIW are complementary pathways that draw from the same professional record but are assessed under different legal frameworks. Filing both simultaneously is not redundancy for its own sake — it is a strategic decision that materially improves outcomes.
Same priority date. Both petitions are receipted on the same day, establishing a single queue position that applies to whichever pathway is approved first.
Strategic redundancy. If one petition receives a Request for Evidence, the other continues processing independently. An RFE on your EB-1A does not affect your NIW, and vice versa.
Burlington Consult builds a single unified evidence record — your CV, documentation, recommendation letters, salary analysis, and press coverage — and deploys it across both petitions with distinct legal arguments tailored to each framework.
The EB-1A argument is built around the 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 of the field.
The NIW argument is built around the 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.
15 business days — premium processing decision on the I-140 via Form I-907.
20–22 months — standard I-140 processing time. Every month of delay in filing extends the timeline by the same period.
41–49% — RFE issuance rates for EB-1A and EB-2 NIW petitions in early 2026. The dual filing strategy ensures that an RFE on one pathway does not stall the other.
Proposed regulatory changes (RIN 1615-AC85) would raise evidentiary thresholds. Petitions filed now are assessed against current standards. Filing before new rules are finalised means submitting under the more favourable framework.