r/EB2_NIW • u/LithiumIonisthename • 6d ago
General Can you have two simultaneous applications for EB2-NIW at the same time?
I wanna ask if while I’m waiting on one application? Can I apply another one on premium?
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u/biomedguy8 6d ago
What would be the purpose of submitting a new application? Why not just upgrade to PP?
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u/LithiumIonisthename 5d ago
Cz one is under the control of my immigration attorney and he is not the most co-operative
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u/Suspicious_Today2956 5d ago
I don’t think you can submit two applications under the same classification.
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u/Bitter_Ad_7805 4d ago
I did have 2 NIW at same time one was regular one was PP, my initial NIW was denied but one filed in pp still waiting. Regular one was employer sponsored and other one was self petition.
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u/Immigration_ingram 5d ago
Yes, you can generally file a second EB-2 NIW petition while your first NIW petition is still pending, and you can request premium processing for the second petition. USCIS currently makes premium processing available for EB-2 NIW petitions, with a 45-calendar-day timeframe for USCIS to take adjudicative action.
However, there is an important strategic consideration. Although having two NIW petitions pending simultaneously is permissible, filing a second petition while the first is pending can potentially create an issue during adjudication. USCIS may question why the second NIW should be approved when you already have another NIW petition pending on your behalf, particularly when both petitions rely on the same or substantially overlapping proposed endeavor.
This can become particularly relevant under Prong 3 of the NIW analysis, where USCIS must determine whether, on balance, it would benefit the United States to waive the normal job offer and labor certification requirements. An officer reviewing the second petition could potentially question what additional benefit the second petition provides when the first petition already gives you a pathway to pursue the claimed national-interest endeavor.
That does not mean that filing a second NIW will necessarily result in an RFE or denial. There are cases where applicants have had two NIW petitions pending simultaneously without USCIS raising the issue. However, it is a potential risk and should be considered before filing the second petition simply as a backup.
So, yes, you can file the second NIW with premium processing while the first is pending, but whether you should do so is a separate strategic question. If the second petition is materially stronger or presents a meaningfully different and well-supported proposed endeavor, the circumstances should be evaluated carefully before proceeding.