I C
Nov 23, 2023
EB2 NIW Approval, can I apply for the EB1?
Hi all,
I’ve seen a couple comments saying that if my EB2 NIW petition got approved, I could apply for the EB1 using that approval as a proof of extraordinary ability. Has anyone done it? My PD is March 2023 and it doesn’t look the visa bulletin is moving anything soon. I need to get back to the US as soon as I can due to work.
Thanks!
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T. G.Nov 24, 2023
the NIW framework is different from the EB1A. you have to specifically highlight at least 3 of the 10 criteria you meet and how you meet them. Even meeting at least 3 doesn’t guarantee approval, you also have to keep in mind that there is a final determination where the officer makes a decision as to your sustained acclaim and extraordinary ability.
Generally, an EB1A profile will have an NIW approved easily but the other way around is not guaranteed. you can repackage your petition for the EB1A. That’s what I did.
R PNov 24, 2023
NIW and EB1A have completely different criteria and EB1A have much higher legal standards per my attorney. I have an approved NIW but my attorney asked me to wait until my profile is stronger to start EB1A for me. For your case, consult with immigration attorney.
Ask North American Immigration Law Group for a free evaluation of your profile for EB1A. They are very good at this.
FlyHigh ❤️Nov 27, 2023
I also have an approved NIW with March 2023 Priority Date and just submitted my EB1A with Premium Processing.
@T. G. have you been approved for your EB1A? Or you got your GC already?
k tJan 24, 2024
@FlyHigh ❤️ did you get your EB1A approved?
FlyHigh ❤️Jan 24, 2024
@K T , no. I got NOID. Notice of Intent to Deny. Apparently, I didn't send in enough to have it approved at one go. And to imagine that I paid for premium processing
k tJan 26, 2024
@FlyHigh ❤️ sorry to hear that. i also have eb2-niw filled already and preparing eb1-a now. so was thinkg whether I should go pp or not.
Geo FJun 12, 2024
hi, @FlyHigh ❤️ did you get the final decision after your NOID?

