Can I use paywalled articles (behind paywall) as evidence?

Yes, you can use paywalled articles (behind paywall) as evidence in an EB-2 NIW petition. Paid access does not disqualify a publication: what matters is the recognition and quality of the work within your field.

For subscription-based journals, it helps to make the peer review process (peer review) and the venue’s reputation clear. Because the content is not publicly accessible, put extra care into your supporting documentation:

• Copies of the articles and the journal’s details.
• Evidence of peer review and the publication’s relevance.
• Citations, reviews, or mentions that demonstrate the impact of the work.

More than the access format, what persuades is how these publications build a narrative of merit and meaningful contribution. A strong article, even behind a paywall, tends to carry more weight than multiple pieces with little recognition.

Since each case is evaluated individually, review the official guidance from USCIS and, when possible, put together your evidentiary package with the support of a specialist.

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.