Can you skip the DS-260 if you are already in the U.S. under EB-2 NIW?

In the EB-2 NIW, if you are already in the United States and qualify for adjustment of status (via Form I-485), the DS-260 is not part of your path. The DS-260 is the form used in consular processing, designed for those who complete the process outside the U.S.

In other words, there are two possible routes, and the DS-260 belongs to only one of them:

• Adjustment of status: for those who are lawfully in the U.S. and are eligible, completed through the I-485, with no DS-260.
• Consular processing: for those who finalize outside the country, using the DS-260 and an interview at the consulate.

Which route applies depends on your individual circumstances and the stage of your case. Because every situation has its own details, confirm the appropriate path with the official sources (USCIS and the Department of State) or with a qualified specialist before deciding.

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.