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EB-2 NIW Stuck in Backlog – Should We Fast-Track with an O-1?
Suppose someone already has an approved EB-2 NIW petition (I-140 approved), but their priority date is stuck due to the visa bulletin backlog.
In such a scenario, would applying for an O-1 visa be a strategic move to expedite the ability to work and stay in the U.S., especially for someone with significant achievements in their field?
Would love to hear from attorneys or professionals who’ve dealt with a similar situation:
Have you seen success with this dual-track strategy?
Any risks or things to watch out for?
Thanks in advance for your thoughts and experiences!
#immigrationlaw #EB2NIW #O1Visa #uscis #visabulletin #immigrationattorney #immigrationstrategy
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This discussion was modified 3 weeks, 4 days ago by
Alex Green.
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This discussion was modified 3 weeks, 4 days ago by
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1 Reply
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Yes, the O-1 visa can be a faster path to work authorization compared to the EB-2 green card process, especially when the applicant is still waiting for work authorization tied to the EB-2. While someone on the EB-2 track may already have work authorization (typically via an EAD from a pending I-485 adjustment), that’s not always the case—particularly if their priority date is not current or if they haven’t yet filed for adjustment of status.
In contrast, the O-1 is a nonimmigrant work visa based on extraordinary ability and, once approved, it immediately grants work authorization with the designated employer or agent. This can be a strategic option to obtain lawful work status while waiting for EB-2 eligibility to become current or for the EAD to be issued.
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