Is it possible to file both EB-1C and EB-2 NIW together?

When we think about immigration to the United States, it is common to find different visa categories that cater to varied profiles of professionals and executives. The EB-1C and EB-2 NIW visas are two examples of pathways through which many professionals seek permanent residency, each with its own specific requirements and distinct focuses.

In general terms, it is possible to submit applications under two different categories if the candidate qualifies for both. In the case of EB-1C, the focus is on executives and managers who have worked for multinational companies and who are to assume leadership positions in the United States. The EB-2 NIW, which waives the job offer requirement, is directed at professionals with an advanced degree or exceptional abilities who can demonstrate that their work brings significant benefits to the country, that is, those acting in the ‘national interest’.

It is important to highlight that, although it is technically viable to file two petitions simultaneously, each case must be prepared considering the specific requirements of each category. Each petition will undergo an individual analysis of the criteria, which demands the submission of robust and well-substantiated evidence that you meet the demands of each route. Thus, the risk of confusion or conflict between the petitions can be minimized with a well-planned strategy.

It is always worth emphasizing the importance of strictly following the laws and guidelines of the United States Citizenship and Immigration Services (USCIS). Given the complexity of these pathways, it is crucial to seek accurate information and rely on qualified professionals to guide the process – always being cautious about unreliable sources that promise miraculous solutions or guaranteed results. Careful analysis and a detailed understanding of the eligibility criteria increase the chances of a solid and successful process, without risks of inconsistencies or mistakes.

In short, if you meet the requirements for both EB-1C and EB-2 NIW, submitting both applications can be a viable strategy. Each case is unique, so it is essential that all preparation and documentation comply with the current regulations, aiming always for transparency and success in the immigration process in an ethical and legal manner.

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.