Can I file an EB-2 NIW without an employer or job offer?

Yes. The EB-2 National Interest Waiver allows qualified professionals to self-petition without a sponsoring employer and without PERM labor certification, provided you satisfy the three Dhanasar prongs: your endeavor has substantial merit and national importance, you are well positioned to advance it, and on balance it benefits the United States to waive the job-offer requirement.

What are my real H-1B lottery odds for 2026?

Selection depends on how many registrations USCIS receives against the 85,000-visa cap. In recent cycles, many beneficiaries faced roughly one-in-three to one-in-four odds, though official figures vary each year. The beneficiary-centric registration rule reduced abuse, but because selection is never guaranteed, we always plan a backup such as O-1A or NIW.

Is O-1A only for scientists and artists?

No. O-1A covers extraordinary ability in business and the sciences, which clearly includes fintech founders, senior engineers, quantitative analysts, and finance executives. Through the regulatory criteria and the comparable-evidence provision, business and tech professionals can document sustained acclaim using funding, patents, critical-capacity roles, high remuneration, and industry recognition.

Can I move from H-1B to a green card while working in Brickell?

Yes. Many professionals layer an EB-2 NIW or EB-1A immigrant petition on top of their H-1B status, then adjust status from inside the United States when a visa number is available. We sequence the ladder so your nonimmigrant status and your immigrant petition reinforce each other and protect your continued work authorization.

How much is the initial consultation?

We offer a paid strategy session for 200 dollars for 20 minutes, credited toward your retainer if you engage our firm. You receive a focused, attorney-led assessment of your H-1B, O-1A, or EB-2 NIW options and a realistic view of your timeline, rather than a generic intake call.

Do you work with Russian and Ukrainian speaking clients?

Yes. We advise tech and finance professionals in English and Russian, which helps talent relocating from Russia, Ukraine, and the wider region understand every filing decision precisely. To discuss your H-1B, O-1A, or NIW strategy in your own language, call (305) 315-3425 or email fitenkolaw@gmail.com.

H-1B, O-1A & EB-2 NIW: The 2026 Work Visa Playbook for Brickell Tech and Finance Talent

H-1B, O-1A and EB-2 NIW strategy for Brickell tech and finance professionals. Book a paid strategy session: (305) 315-3425.

Fitenko Law PLLC, 600 Three Islands Blvd, Hallandale Beach, FL 33009. Phone: (305) 315-3425. Email: fitenkolaw@gmail.com