One of the most common questions our immigration clients at Alagiri Immigration Law ask is whether they can pursue multiple immigration pathways simultaneously. Specifically, many engineers and scientists wonder: Can I apply for EB1 and EB2 at the same time?
The short answer is yes—you can concurrently file for multiple immigrant visa categories, and this approach offers strategic advantages in many cases.
Concurrent Filing of EB-1A and EB-2 Petitions
For employment-based green cards, concurrent filing often involves filing both an EB-1A (Extraordinary Ability) petition and an EB-2 (Advanced Degree or Exceptional Ability) petition.
This strategy is entirely legal and can be highly beneficial for skilled immigrants, especially those born in countries facing significant visa backlogs, such as India and China.
Benefits of Filing Both EB-1A and EB-2 Peitions
- Faster Path to a Green Card: The EB-1A category often has shorter visa wait times than EB-2.
- Priority Date Retention: If you already have an approved EB-2 petition with an earlier priority date, and later get an EB-1A petition approved, you can retain that earlier priority date for your EB-1A application, potentially saving years of waiting time.
- Insurance Against Denial: If one petition is denied, you still have another pathway open. This reduces the risk of having to start the entire process over.
- Different Criteria, Different Strengths: Some candidates may have strengths that align with multiple categories. For example, an engineer with significant experience may qualify for EB-2, while their industry achievements might support an EB-1A case.
How Priority Dates Work When Filing Both EB-1A and EB-2
The priority date is essentially your place in line for a green card.
For EB-2 petitions requiring labor certification (PERM), your priority date is the date the Department of Labor accepts your labor certification application. For petitions that don’t require labor certification, like EB-1A or National Interest Waiver cases, the priority date is the date USCIS receives your properly filed I-140 petition.
As specified in 8 CFR § 204.5(e):
“A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under section 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple approved petitions under section 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.”
This means that if your EB-2 petition is approved first with a priority date of January 1, 2020, and your EB-1A petition is approved later, you can use that January 1, 2020, priority date for your EB-1A application.
Strategic Considerations When Filing Both EB-1A and EB-2
While simultaneously filing offers advantages, it requires careful strategic planning:
1. Timing Your Applications
There’s no one-size-fits-all approach to timing your applications. In some cases, it makes sense to file simultaneously; in others, you might want to stagger your petitions. Consider factors such as:
- The strength of your qualifications for each category
- Current visa bulletin dates for your country of birth
- Your immediate immigration needs
- Processing times at USCIS service centers
2. Costs and Resources
Filing multiple petitions means paying multiple filing fees and potentially working with multiple attorneys. For reference, as of 2025, the basic USCIS filing fee for Form I-140 is $715, plus an additional $2,805 if you opt for premium processing.
Legal fees typically range from $8,000 to $15,000 per petition, depending on your case and the specific visa categories. In most instances, your company will pay the fees for your PERM-based EB-2 visa petition. However, if you opt for a self-petitioned EB-2 NIW or EB-1A visa petition, you likely will have to personally pay the fees.
3. Different Evidence Requirements
Each visa category has different documentation requirements:
- EB-1A requires evidence of extraordinary ability in your field, demonstrated through meeting at least 3 of 10 specific criteria (awards, publications, high salary, etc.).
- EB-2 with PERM requires labor certification, job offer, and proof of advanced degree or experience.
- EB-2 NIW requires proof that your work is in the national interest.
Preparing comprehensive evidence packages for multiple categories requires careful organization and attention to detail.
Common Questions About Filing EB-1A and EB-2 Simultaneously
Can Filing Multiple Petitions Raise Red Flags with USCIS?
No, filing multiple petitions is a recognized and legitimate strategy. USCIS understands that applicants may qualify under multiple categories and does not penalize this approach. Each petition is evaluated independently on its own merits.
If My EB-2 Petition Is Already Approved, Should I Still File EB-1A?
For applicants from countries with significant EB-2 visa backlogs, like India and China, filing an EB-1A petition even after an approved EB-2 can significantly accelerate your path to a green card. The EB-1A category typically has shorter visa wait times, and you can retain your earlier EB-2 priority date.
What Happens If One Petition Is Denied?
If one petition is denied, the other petition remains unaffected and continues to be processed normally. If you already have an approved EB-2 visa petition, an EB-1A petition denial will also not affect your EB-2 visa petition approval.
How Alagiri Immigration Law Can Help
At Alagiri Immigration Law, we work with engineers and scientists to shape immigration strategies.
With over 15 years of experience representing engineering professionals, Priya Alagiri and her team can:
- Assess your qualifications for the EB-2 NIW and EB-1A visa categories
- Develop a strategic filing plan tailored to your specific situation
- Prepare comprehensive evidence packages that maximize your chances of approval
- Monitor visa bulletin movements and advise on optimal timing
- Handle communications with USCIS for your petitions
Filing for EB-1A and EB-2 simultaneously can be a powerful strategy for accelerating your path to permanent residency in the United States. By keeping multiple options open and leveraging the earliest priority date available to you, you can handle the immigration system more effectively.
Every immigration case is unique, and the best strategy depends on your specific qualifications, country of birth, and immigration goals. For personalized advice on whether concurrent filing is right for you, contact Alagiri Immigration Law for a consultation.
This article provides general information and should not be construed as legal advice. For advice tailored to your specific situation, please consult with an experienced immigration attorney.
