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Can EB-1 (Extraordinary Ability) and NIW (National Interest Waiver) Be Applied for Simultaneously

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EB-1 (Extraordinary Ability) and NIW (National Interest Waiver) are different categories for applying for U.S. green cards. In theory, it's possible to apply for both simultaneously, but it depends on your eligibility and circumstances.


1. Eligibility Requirements: EB-1 and NIW have distinct eligibility criteria. EB-1 typically requires applicants to have outstanding international recognition in their field, while NIW necessitates demonstrating that your work is of national interest to the United States. You need to meet the requirements for each category to apply simultaneously.


2. Collecting Evidence: You'll need to gather and submit different sets of evidence to support each application. This may include recommendation letters, published papers, patents, work experience, and more. Ensure that your application materials meet the specific requirements for both categories.


3. Legal Consultation: It's advisable to consult with an experienced immigration attorney to determine if you qualify for both EB-1 and NIW and to understand the best application strategy for your circumstances. They can provide guidance on how to apply for both effectively.


4. Processing Times and Fees: EB-1 and NIW applications have different processing times and fees. Be prepared to handle two separate applications, including fees, forms, and documentation preparation.


5. Priority Date: If you obtain a green card through one category, your priority date will be used to calculate your waiting time. Therefore, if you apply for both simultaneously, make sure you understand the implications on your priority date.

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