EB-1A is a viable path for academics and researchers

A postdoc researcher called me after 3 attorneys told him the SAME THING: "You'll need to do a National Interest Waiver and wait years."

For context, he came in thinking National Interest Waiver (NIW) was his only option.

- He's a postdoc at a university

- Has published research papers

- Done presentations at conferences

- Reviewed other academics' work

The standard path most attorneys would push? File for NIW and wait.

Here's the problem - NIW is backlogged like crazy right now.

Even after approval, you're stuck waiting years before you can even file for adjustment of status. 

That means maintaining another temporary status during that time - which is expensive, stressful, and just plain annoying.

So I suggested something different.

"What about extraordinary ability (EB-1A)?"

The guy was surprised. 

Like most academics, he didn't think he qualified for the "genius visa" category.

But when we broke down the criteria, he actually has a solid shot:

- Publications

- Peer review work

- Original contributions and conference presentations

- Research impact in his field

And the beauty of EB-1A? 

No multi-year backlog. No endless waiting.

Is it a higher standard? Yep.

Is it slightly riskier? Sure.

Could it save him literally years of his life in immigration limbo? 

Absolutely.

This is something that frustrates me about risk-averse immigration attorneys. 

They push everyone down the "safe" path without considering what the client actually needs.

Sometimes being a bit more aggressive with your strategy is exactly what gets results.

The most risk-averse path isn't always the best path.

I'd rather try for the faster solution that fits a client's actual life than default to the easy answer that keeps them waiting for years.

At the end of the day, immigration law isn't just knowing categories - it's finding the right approach for each person's unique situation.

Sometimes that means taking the road less traveled.