Can I request my passport back from the consulate during the EB-2 NIW process if I need to travel?

Yes. When a passport is held in consular custody at the consulate or embassy during the consular stage of the EB-2 NIW, you can request its return if travel is necessary, but this depends on the stage of the process and requires a formal request.

Retaining the passport is standard practice while the visa is being processed and eventually issued. For this reason, the release is not always immediate and is evaluated on a case-by-case basis.

The safe path is to contact the responsible consulate directly:

• Explain your travel need and ask about the passport return procedure.
• Follow the official instructions from the post, which vary depending on the stage of your case.
• Keep records of any formal request you submit.

Be wary of third parties who promise to expedite the return without official backing. Since each situation is assessed individually, it is worth checking the consulate and USCIS guidelines and, if in doubt, consulting a specialist before taking action.

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.