Burlington Consult files both EB-1A (Einstein Visa) and EB-2 NIW petitions simultaneously as standard practice. This is not a hedge. It is not redundancy for its own sake. It is a strategic decision that materially improves outcomes for every client.
This article explains the mechanics, the advantages, and why the dual filing strategy has become the industry standard for serious immigration advisory firms.
One record. Two arguments.
The EB-1A and the EB-2 NIW are complementary pathways that draw from the same professional record but are assessed under fundamentally different legal frameworks. The EB-1A is evaluated under the Kazarian two-step framework: satisfy at least three of ten regulatory criteria, then pass a final merits determination. The EB-2 NIW is evaluated under the Dhanasar three-prong test: substantial merit, strong positioning, and net national benefit.
Burlington Consult builds a single unified evidence record — your CV, documentation, recommendation letters, salary analysis, published coverage — and deploys it across both petitions with distinct legal arguments tailored to each framework. The evidence is gathered once. The arguments are constructed twice.
One priority date
Both petitions are receipted on the same day, establishing a single priority date that applies to whichever pathway is approved first. The priority date governs your queue position for the green card. Every month of delay in filing extends the timeline by the same period.
This is one of the most underappreciated advantages of dual filing: you are not choosing between two pathways. You are filing both and letting the adjudication process determine which resolves first. Your queue position is identical regardless of which petition is approved.
Strategic redundancy
RFE issuance rates for EB-1A and NIW petitions are running at 41 to 49 percent in early 2026. This means that roughly half of all petitions receive a Request for Evidence — not because the petitioner is unqualified, but because the adjudicator wants additional documentation or clarification.
If you file a single petition and receive an RFE, your entire case stalls while the response is prepared and reviewed. If you file both petitions, an RFE on your EB-1A does not affect your NIW, and vice versa. The other petition continues processing independently. This redundancy is not theoretical — it is a material advantage that has changed outcomes for Burlington Consult clients.
Different frameworks, different strengths
Some professional records are stronger under the Kazarian framework. Others are stronger under Dhanasar. Many are strong under both but for different reasons. A senior technology executive might satisfy EB-1A criteria through original contributions, critical role, and high salary — while the same record supports an NIW through a proposed endeavour in U.S. technology competitiveness.
Filing both petitions allows Burlington Consult to exploit every strength in the record. The EB-1A argument focuses on what you have already achieved. The NIW argument focuses on what you propose to do. Together, they present the most complete picture of why the United States benefits from your permanent residency.
The economics
Burlington Consult's engagement fee of approximately $20,000 covers both petitions. This is not double the work — the evidence record is built once, and the advisory team constructs two distinct legal arguments from the same foundation. Comparable dual-petition advisory at leading U.S. immigration law practices ranges from $35,000 to $55,000.
A twelve-month RFE and NOID support retainer is included at no additional charge, covering any Request for Evidence or Notice of Intent to Deny issued by USCIS during the review period. This retainer applies to both petitions.
When not to file both
There are cases where a single petition is more appropriate — typically when the petitioner's record is overwhelmingly strong under one framework and the second would add complexity without meaningful benefit. Burlington Consult assesses this during the initial consultation and advises accordingly. The recommendation is always based on the specific record, not a default template.