Can I apply for EB-1A and EB-2 NIW at the same time?

Yes, it is possible to pursue EB-1A and EB-2 NIW simultaneously through separate petitions. Both are employment-based immigration categories with their own criteria, and they are evaluated independently by the relevant authority, so one does not cancel out the other.

The rationale for doing so is typically diversification: the EB-1A recognizes extraordinary ability and tends to set a higher merit threshold; the EB-2 NIW waives the job offer and labor certification requirements when the work is of national importance. Filing both can increase overall chances and provide flexibility if one route advances more quickly.

• Each petition is filed and adjudicated on its own merits.
• The EB-1A targets top-tier recognition; the EB-2 NIW targets national relevance.
• The costs and preparation effort are doubled, so it is worth doing the math.

Before pursuing both paths, it is worth mapping the strategy with a specialist and checking the current requirements through the official source to determine whether the dual petition approach makes sense for your profile.

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.