Can EB-1C and EB-1B be filed simultaneously by the same person?

The EB-1 visa options offer different pathways to immigrate to the United States, each with its own specific criteria. In the case of the EB-1B, aimed at internationally recognized professors and researchers, and the EB-1C, intended for multinational executives and managers, it is essential to analyze whether the requirements of each category are effectively met by the same candidate.

In theory, there is no rule that prohibits filing petitions under both categories. However, in practice, the situation becomes complicated, as each one requires its own evidence and documentation to prove a distinct background. For example, the EB-1B petition involves proof of academic achievements and the need for an American employer that is a recognized educational or research institution, while the EB-1C requires a clear relationship between the foreign company and the American company, as well as the demonstration of executive or managerial functions.

Another aspect to consider is that, although they are categories of immigrants with the same priority (which prevents the existence of ‘double counting’ of the priority date), the simultaneous submission of two petitions may raise questions from USCIS officers. Each case will be analyzed according to the evidence presented and the coherence of the eligibility arguments.

In some scenarios, there may be an overlap of evidence elements, which can make it difficult to demonstrate that the specific criteria of each category have been independently met. It is worth stressing the importance of strictly following United States immigration laws and being cautious about information and advertisements that promise easy solutions or guarantees of approval.

Always seek guidance from reliable sources and, if necessary, consult experienced specialists in the field, who can offer a detailed analysis of your case without promising specific results. Each situation is unique, and a careful evaluation of the requirements and available strategies is essential to define the best path. Maintaining transparency and compliance with regulations is the key to a safer and more efficient immigration process.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.