If I have a pending EB-2, can I start an EB-1?

When it comes to visas for extraordinary ability or advanced professionals, understanding the rules and possibilities is fundamental to planning your immigration journey to the United States.

The EB-1 and EB-2 are categories that cater to distinct profiles, but in some cases, they can be processed simultaneously. Generally speaking, it is possible to have an ongoing EB-2 petition while starting another for EB-1. This happens because each application is independently evaluated by the United States Citizenship and Immigration Services (USCIS).

However, it is essential to keep in mind that petitions must be submitted in accordance with the specific requirements of each category, and approval of one does not guarantee immediate approval of the other. Additionally, initiating a new petition while another is pending may increase the complexity of your process, requiring extra care with document organization and maintaining legal status.

For this reason, it is recommended to review each case carefully and stay updated on U.S. immigration laws and regulations, which are subject to change. It’s important to seek information from reliable sources and be cautious about consultancy offers or services promising guaranteed results. Marketing campaigns assuring approval may not consider the peculiarities of each situation – and strict compliance with immigration laws is indispensable to avoid future complications.

In summary, yes, it is possible to start an EB-1 petition even with a pending EB-2, but it is crucial to proceed with caution. Assistance from specialized professionals and consultation of official sources can help clarify doubts and make decisions aligned with current legislation, always prioritizing the safety and legality of your 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.