EB1-EA and NIW

grs2003

Registered Users (C)
Dear Friends,

People who have applied for GC in both Eb-1(EA) and NIW categories. Have you seen any cases where EA is denied and NIW approved.
 
Hi

Acutally I know quite a few people that applied for both EB1-EA and NIW. Most of them don't post in this forum. I would say that once the cases are accepted (before accepting your case, USCIS officials will look at the case briefly to see if you qualify or not), the chance of having both of your cases approved is pretty high. Overall, more than 80% of I140 applications are approved, and my experience is that the odds for EB1-EA and NIW are even higher.
 
Last edited by a moderator:
It is a very interesting question on whether one application (NIW or EA) could be approved while the other denied. I have noticed from other posts that those who file NIW and EA together will get a response at the same time. Which hints that INS might be looking at both applications simultaneously! The bigger quastion is whether this is a new trend and what implication this might have on the overall idea of applying both NIW and Ea at the same time?
 
Why the chance is big if only they accept your both NIW and EB1-ea? I guess that USCIS accepts any application files, isn't it? Thanks!
 
mrkhu said:
Why the chance is big if only they accept your both NIW and EB1-ea? I guess that USCIS accepts any application files, isn't it? Thanks!

What they're trying to say (my interpretation) is that since USCIS accepted the petition after prima facie review, there must be some merit to the case, otherwise it would have been immediately denied. Actually few people on this board have reported a 'quick denial'. Simultaneious adjudication of EB1-EA and EB2-NIW is probably happening for two reasons

1. 'Similar' though not identical requirements in both cases since USCIS has substantially raised the bar for EB2-NIW since its inception.

2. Clear the backlog by either approving or denying both

Just my thoughts
 
Top