Can I file an EB-2 NIW petition even if I plan to live only part-time in the US?

The EB-2 NIW visa is intended for professionals with exceptional or advanced skills who can demonstrate that their work brings significant benefits to the United States. In short, this type of petition does not require the beneficiary to live in US territory all the time, but there are some important points to consider.

Even if you plan to divide your time between the US and another country, when seeking EB-2 NIW approval it is crucial to demonstrate your commitment to the development of activities that promote American national interest. In practice, this means that although there is no explicit requirement for exclusive residence, you must present evidence that you have a concrete plan which includes, for example, setting up operations, research, or projects that benefit the US.

Furthermore, during the adjustment of status process or when proceeding with the issuance of the green card, you will need to prove that you indeed intend to establish a legal domicile in the United States on a permanent basis. It is worth noting that the interpretation and application of immigration laws can vary, and each case is evaluated individually. Therefore, it is always wise to seek guidance from specialized professionals in the field – thus avoiding falling for promises that guarantee results or dubious marketing campaigns.

Strictly following the laws and seeking information from reliable sources is essential to avoid future complications. In summary, yes, it is possible to file an EB-2 NIW petition even if you plan to live in the United States only part of the time. However, it is crucial to clearly demonstrate how your professional activities will contribute to the national interest, as well as to establish and prove your intention to, at some point, settle residency in the country according to immigration process requirements.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.