Can I apply for EB-2 NIW even with a PERM in progress through another company?

The EB-2 NIW is an option aimed at professionals with advanced qualifications who can demonstrate that their work in the United States will bring significant benefits to the country. Unlike processes based on a job offer, the EB-2 NIW is self-sponsored, which raises questions, especially when there is already a PERM process underway through another company.

In general terms, the mere fact of having an open PERM petition does not prevent you from starting or submitting a request under the EB-2 NIW. These are distinct processes: the PERM is associated with the traditional path to obtaining a green card based on a job offer, while the EB-2 NIW focuses on the relevance and impact of your experience and qualifications, dispensing with the need for a formal job offer.

This means that, technically, you can have both processes running simultaneously, as long as each petition is well-founded and consistent with the specific legal requirements. However, each case must be evaluated individually, since United States immigration services will carefully review the documentation and justifications presented in each process.

It is essential that the information and evidence contained in the petitions are not conflicting or redundant, as this can cause unnecessary questions from the authorities. Therefore, it is important to be clear about the criteria and requirements of each application route.

Given the complexity of the American immigration system, it is always advisable to act with caution: research from reliable sources and consult specialized professionals who can guide you on the specific details and strategies for your case. Avoid following guidance from marketing campaigns that promise easy or guaranteed results, and always respect the current legislation, seeking a transparent and consistent handling of your processes.

In summary, it is possible to apply for the EB-2 NIW even if you have a PERM in progress with another company, provided that each process is conducted separately, clearly, and in compliance with United States immigration regulations.

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.