Yes, You Can Pursue EB-2 and Sibling Sponsorship at the Same Time, Attorneys Say
Key Takeaways
- An approved EB-2 I-140 does not prevent a U.S. citizen sibling from filing a family-based I-130 for the same beneficiary.
- Employment-based and family-based immigrant petitions are independent; having multiple approved petitions is permitted under U.S. law.
- Applicants ultimately adjust status or consular process under just one category, typically whichever becomes current first.
- Visa Bulletin backlogs vary widely: F4 (siblings of U.S. citizens) often faces waits exceeding a decade; EB-2 backlogs depend on country of chargeability.
- Holding immigrant petitions can complicate travel or extensions in “non–dual intent” statuses (e.g., B-1/B-2, F-1, TN), but not typically H-1B or L-1.
Guidance from Murthy Law Firm
A new Murthy Law Firm FAQ clarifies that a person with an approved EB-2 I-140 may also be sponsored for a green card by a U.S. citizen sibling without jeopardizing the employment-based case. In plain terms: it is generally fine to run both tracks. The firm notes that filing a family-based case “typically would not impact” an existing employment-based one, offering reassurance to workers who want a backup option amid retrogressions and shifting processing times.
How the Law Works
The EB-2 path begins with Form I-140 (immigrant petition) by an employer, often following PERM labor certification. A sibling case is the F4 family preference, initiated by a U.S. citizen’s Form I-130. U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) allow multiple immigrant petitions for the same beneficiary. Each petition carries its own priority date and queue; those dates are not interchangeable between employment- and family-based categories. When a visa number is available, the applicant chooses one basis to file Form I-485 (adjustment of status) in the United States or to proceed with consular processing abroad.
What This Means for Applicants Now
For many, keeping both options open is pragmatic: F4 wait times often stretch well beyond 10 years, while EB-2 availability varies sharply by country (with lengthy backlogs for some, notably India and China). If your EB-2 job offer changes, AC21 portability rules and I-485 “transfer of underlying basis” may help—but family and employment cases remain separate pathways. Be mindful that any immigrant petition can signal “immigrant intent,” potentially affecting visas that require nonimmigrant intent (like B-1/B-2, F-1, or TN). Those in dual-intent categories (H-1B, L-1) are generally less affected. Bottom line: monitor the Visa Bulletin, maintain valid status, and decide which petition to use when your priority date becomes current.
Source: Original Article