Can I file an EB-1A if I already have a pending EB-2 NIW?

Yes. Having an EB-2 NIW under review does not, in itself, prevent you from filing a separate EB-1A petition (the extraordinary ability category). They are two distinct employment-based immigration categories with their own criteria, and each is examined independently by the relevant authority.

Maintaining more than one petition can make sense as a strategy for applicants with a strong profile: if one route moves faster or is approved, you gain flexibility. The EB-1A generally demands a higher level of demonstrated merit than the EB-2 NIW, so what supports one petition does not always meet the threshold of the other.

• Both petitions coexist and are adjudicated separately.
• The EB-1A typically requires a higher level of recognized achievement.
• Pursuing parallel petitions broadens your options but multiplies costs and preparation effort.

Because requirements and the way to coordinate parallel processes can change, it is worth evaluating the best combination with a specialist and confirming the current requirements through the official source before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.