Yes, in principle. A separate pending petition does not automatically prevent an EB-5 filing; assess the actual case types and their interaction. The EB-5 petition is judged on its own facts: qualifying capital, lawful source and path of funds, at-risk investment, and at least ten qualifying full-time jobs. Your case history must be stated accurately.
Truthful history is the eligibility question here
Suppose you filed an employment-based petition three years ago through a U.S. employer, it is still pending, and you now plan a US$800,000 investment in a hypothetical Arizona logistics warehouse that meets a qualifying reduced-investment basis. The EB-5 adjudicator will see both.
Inconsistent dates, undisclosed prior filings, or a route described differently in each file create credibility problems that no business plan repairs. Counsel on each matter should review the other's statements. Before either file moves, settle who may speak for it.
If the earlier petition was filed by a U.S. employer, that employer is the petitioner: it receives the notices, it answers requests for evidence, and it is generally the party able to withdraw. You are the beneficiary there and the petitioner here, and confusing those two roles produces the most common failure on this page, which is an applicant who assumes he can close a file that was never his to close.
Ask each counsel to confirm in writing what you personally are able to do in their matter.