Q: Does EB2 filing restrict switching to EB1-C later?

A: Filing under EB-2 does not restrict or prevent you from later pursuing an EB1-C petition. These are separate immigrant visa categories with different requirements. You may maintain or proceed with the EB-2 PERM-based process while independently pursuing EB1-C if your role meets the multinational executive/manager criteria.

If your EB1-C petition is approved before EB-2 reaches the I-140 or I-485 stage, you can pivot to the EB1-C path, which often has faster priority dates. It’s wise to continue EB-2 as a backup while pursuing EB1-C once your company formally supports it.

In short, filing EB-2 won’t harm your EB1-C chances, and dual-track strategies are common for qualified professionals.

A: You’re in a strong position, and it’s great that you’re being proactive about understanding your options. Filing under EB2 does not prevent you from later pursuing an EB1-C petition if your role and background meet the criteria. These are entirely separate immigrant visa categories with different requirements, and one filing does not cancel out or block the other.

If your company proceeds with the EB2 PERM process now, you can still begin or transition into an EB1-C process later without harming your EB2 case. In fact, many individuals file in multiple categories to improve their chances of receiving an earlier green card approval, depending on priority dates and country-specific backlogs. The key is ensuring your EB1-C petition, when ready, clearly demonstrates your executive or functional managerial role, including your responsibilities and authority.

You don’t need to withdraw the EB2 case unless you choose to. Once your employer and legal team confirm your EB1-C eligibility, you can move forward with that petition independently. Staying open to both options gives you more flexibility and control over your future. It’s wise to have these discussions early, as you’re doing now, to align timing and documentation.

A: You’re in a strong position, and it’s great that you’re being proactive about understanding your options. Filing under EB2 does not prevent you from later pursuing an EB1-C petition if your role and background meet the criteria. These are entirely separate immigrant visa categories with different requirements, and one filing does not cancel out or block the other.

If your company proceeds with the EB2 PERM process now, you can still begin or transition into an EB1-C process later without harming your EB2 case. In fact, many individuals file in multiple categories to improve their chances of receiving an earlier green card approval, depending on priority dates and country-specific backlogs. The key is ensuring your EB1-C petition, when ready, clearly demonstrates your executive or functional managerial role, including your responsibilities and authority.

You don’t need to withdraw the EB2 case unless you choose to. Once your employer and legal team confirm your EB1-C eligibility, you can move forward with that petition independently. Staying open to both options gives you more flexibility and control over your future. It’s wise to have these discussions early, as you’re doing now, to align timing and documentation.