Can I start an EB-1 while my EB-2 is still pending?

Yes, you can file an EB-1 petition even if an EB-2 is still pending. The two categories serve different employment-based immigration profiles and each petition is reviewed independently by USCIS, so one case in progress does not automatically block the other.

In practice, many professionals consider adding an EB-1 when they realize their profile fits the extraordinary ability, outstanding researcher, or multinational executive track. Having an EB-2 pending does not prevent that move, but each petition must meet the specific requirements of its own category.

• Each petition is evaluated on its own merits, independently.
• Approval of one does not guarantee or accelerate approval of the other.
• Keeping more than one process active requires careful document management and attention to legal status.

Because running two processes at the same time adds complexity, it is worth checking the updated requirements on the official source (USCIS) and reviewing your strategy with a specialist 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.