Can I file another EB-1A I-140 if I already have a pending EB-2 NIW?

The immigration process to the United States can involve different strategies and visa categories, and it is common for some applicants to choose to have more than one petition in progress. In the case of EB-1A visas (for individuals with extraordinary abilities) and EB-2 NIW (for professionals whose work serves a national interest), it is possible to have two simultaneous petitions, provided that each one strictly meets the legal requirements and proves the specific criteria of each category.

In practical terms, USCIS reviews each I-140 petition independently, which means having a pending EB-2 NIW does not automatically prevent you from filing another I-140 under the EB-1A category. However, it is important to pay attention to some details: the evidence presented in each case must be consistent and clearly demonstrate that you meet the standards of each classification.

It is also worth remembering that, even when simultaneous submissions are authorized, each petition may follow different processing paths, with variations in deadlines and how your case is evaluated. Furthermore, when considering the possibility of submitting more than one petition, it is essential to act in compliance with United States immigration laws. Always seek information from reliable sources and specialists in the area, avoiding scams or marketing campaigns that promise miraculous results.

Proper and careful follow-up is a key difference for those seeking a safe strategy aligned with legal procedures. In summary, yes, it is possible to file an EB-1A I-140 petition even if you already have a pending EB-2 NIW, but the strategy adopted should take into account all the details of your case. Seek specialized support to analyze the benefits and possible implications of each choice, always respecting current regulations and focusing on the security of the entire 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.