Can I apply for the EB-2 NIW if I am already in the USA on another visa?

Yes. In general, you can petition for the EB-2 NIW even while in the United States on another visa, as long as you keep your current status valid and in compliance throughout the process.

The key point is not letting your existing status lapse while the request is pending. A few practical aspects usually require attention:

• Keeping the conditions of the visa you already hold while the petition is under review.
• Demonstrating that your qualifications and contributions have national relevance to the country.
• Following the guidance and deadlines set by the immigration authority (USCIS).

Since the situation varies according to your current visa and each person’s history, this is a sensitive point. It is worth checking the current rules at the official source (USCIS) and reviewing your case with a specialist before filing.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.