Why Choose Us?
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Unmatched Expertise
Trust in Peter Chu's 75+ years of collective experience to guide you through complex immigration matters.
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Tailored Solutions
Our personalized strategies adapt to your unique circumstances, ensuring we meet your specific immigration needs.
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Proven Success
Benefit from our solid track record in achieving favorable outcomes in various immigration cases across San Diego.
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Dedicated Service
Experience our client-first approach that ensures constant support and guidance throughout your immigration journey.
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EB-1A vs. EB-2 NIW vs. Employer-Sponsored Green Cards — What Mountain View Professionals Should Know
Mountain View professionals considering permanent residence typically evaluate three pathways: employer-sponsored EB-2 or EB-3 (requiring labor certification and job offer), EB-2 National Interest Waiver (self-petition but lower standard), and EB-1A (self-petition requiring extraordinary ability). Each has distinct trade-offs in timeline, employer dependence, and evidentiary burden. Here's the honest answer: if your credentials meet the EB-1A standard, it is almost always the superior option despite the higher evidentiary bar — because it requires no labor certification (saving 1-2 years), no employer sponsorship (preserving job mobility), and no priority date backlog in most years for professionals born outside India and China. EB-2 NIW is a fallback for professionals with strong credentials who do not quite meet the 'sustained national or international acclaim' standard required for EB-1A, and employer-sponsored categories are necessary only for those who qualify for neither self-petition option.
| Factor | EB-1A (Extraordinary Ability) | EB-2 NIW (National Interest Waiver) | Employer-Sponsored EB-2/EB-3 | Bottom Line |
|---|---|---|---|---|
| Employer sponsorship required | No — self-petition | No — self-petition | Yes — must maintain employment | EB-1A and NIW preserve job mobility |
| Labor certification (PERM) required | No | No | Yes (6-12 months minimum) | EB-1A and NIW skip PERM entirely |
| Evidentiary standard | Extraordinary ability — top of field | Advanced degree + national interest | Job requirement + prevailing wage | EB-1A has highest bar; employer-sponsored has lowest |
| Processing timeline | 12-18 months (premium available) | 12-24 months | 24-36 months with PERM | EB-1A is fastest when premium processing available |
| Priority date backlog risk | Minimal for most countries | Moderate | High for India/China nationals | EB-1A typically current or near-current |
Frequently Asked Questions
Find answers to common questions about our services
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Standard I-140 processing at USCIS California Service Center currently averages 12-18 months from filing to decision. Premium processing — which guarantees a decision within 15 business days — is periodically available for EB-1A petitions and costs $2,500
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Attorney fees for complete EB-1A petition preparation — including initial consultation, evidence review, I-140 drafting, supporting letter coordination, and filing — typically range from $8,000 to $15,000 depending on case complexity and the volume of sup
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Yes, you can file an EB-1A petition regardless of your current visa status as long as your credentials meet the extraordinary ability standard. Many Mountain View professionals file EB-1A petitions while working on H-1B, L-1, O-1, or other nonimmigrant vi
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No, EB-1A does not require a specific job offer or labor certification. You must demonstrate intent to continue working in your field of extraordinary ability in the United States, but you are not required to have employment secured at the time of filing.
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You must satisfy at least three of ten regulatory criteria listed in 8 CFR 204.5(h)(3): receipt of major awards, membership in associations requiring outstanding achievement, published material about you, judging the work of others, original contributions
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A Request for Evidence means USCIS has identified specific deficiencies or questions about whether your evidence meets the extraordinary ability standard. You have 87 days from the RFE notice date to submit a comprehensive response addressing each stated
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Yes, your spouse and unmarried children under 21 are eligible for derivative E-14 and E-15 immigrant visas based on your approved EB-1A petition. They can be included in your adjustment of status application if they are in the United States, or they can a
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No, EB-1A petitions filed by Mountain View residents are adjudicated under the same federal regulations and statutory standards as petitions filed from any other location. All California-filed I-140 petitions are processed at USCIS California Service Cent
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