Can I file another I-140 EB-1A if I already have a pending EB-2 NIW?

When it comes to immigration petitions, especially in the EB-1 and EB-2 categories, it is essential to understand that the United States system allows multiple paths and, in some cases, the coexistence of different petitions. This means that, under certain circumstances, it may be possible to file an I-140 EB-1A even while other petitions, such as an EB-2 NIW, are already pending.

However, it is very important to analyze the specific details of your case. Each category – EB-1A and EB-2 NIW – has its own regulatory requirements. The EB-1A petition focuses on demonstrating extraordinary ability in the field of expertise, while the EB-2 NIW focuses on benefits to the national interests of the country.

Therefore, if you possess qualifications that meet the standards required for the EB-1A, there is generally no automatic prohibition against simultaneous filing. But this requires caution, as both petitions will be evaluated and, if there is conflicting information or doubts about the originality of the petitions, USCIS may request clarifications.

Moreover, it is important to emphasize the need to ensure that all data and documents presented are consistent between the submitted petitions. Consistency of information is essential to demonstrate credibility before immigration authorities.

Multiple petitions can be used strategically to increase opportunities, but they must be handled carefully to avoid issues that may arise from inconsistencies or misinterpretations.

Finally, I stress the importance of always complying with United States immigration laws. It is wise to seek assistance from trusted specialists for a detailed and personalized analysis of your situation, as well as to be vigilant against scams and marketing campaigns that promise miraculous results. Respecting the rules and closely following experienced professionals are the best ways to conduct your process safely and responsibly.

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.