Strategy•2024-06-01•NIW
Strategy: The Safety Net (NIW as Backup)
Why you should almost always file an NIW (National Interest Waiver) alongside your EB-1A application.
The Double Filing Strategy
EB-1A is ambitious. Even strong cases can be denied by a tough officer. NIW is your safety net.
Why File Both?
- Lock Your Place in Line: If your EB-1A is denied after 1 year, you lose that year. If you have an NIW filed, you keep your "Priority Date" from day one.
- Peace of Mind: EB-1A approval rates fluctuate. NIW approval rates are generally higher and more stable.
- H-1B Extension: Having an approved NIW I-140 allows you to extend H-1B beyond the 6-year limit indefinitely while waiting for the Green Card date.