If I pay the fees for both, does filing EB-1A and EB-2 NIW together count as a duplicate petition?

No. Filing EB-1A and EB-2 NIW simultaneously is not treated as a duplicate petition but rather as two legitimate and distinct petitions, each in its own category, with their own forms, evidence, and fees. Since they are different employment-based immigration categories, they are analyzed independently.

Paying the fees for both means, in practice, funding two complete processes, not paying twice for the same thing. This is a common diversification strategy for applicants with a strong profile: if one path advances or is deferred, you gain an alternative and maintain momentum.

• They are separate petitions, not a repetition of the same one.
• Each requires its own documentation and filing fee.
• USCIS evaluates each petition under the criteria of its own category.

Since filing rules and fees change over time, it is worth confirming updated amounts and requirements from the official source and aligning your strategy with a specialist before paying and submitting.

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.