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

In general, yes. The EB-2 NIW is a self-petition path that waives the job offer and labor certification (PERM), so it does not depend on what an employer is doing in parallel. Having a PERM in progress through another employer and pursuing the EB-2 NIW on your own are distinct tracks and do not automatically cancel each other out.

In practice, many people maintain an employer-sponsored process while working on an independent alternative through the NIW, precisely to avoid being locked into a single path. Each route has its own category, its own evidence requirements, and its own timeline.

• The EB-2 NIW does not require a sponsor, so a third-party PERM does not block it.
• Both processes can coexist as parallel routes.
• Careful attention to the consistency of your stated intent and history in each is necessary.

Since the details of overlapping processes can have implications, it is worth aligning your strategy with a specialist and confirming the updated rules from the official source before filing in parallel.

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.