Do I need to be in the USA with a valid visa to apply for the EB-2 NIW?

The EB-2 NIW visa is aimed at professionals with advanced degrees or who demonstrate exceptional ability in their fields and, unlike other visas, allows the applicant to self-petition without the need for a sponsoring employer. This has sparked the interest of many people who wish to immigrate to the United States with autonomy.

Answering your question: it is not necessary to be in the United States with a valid visa to apply for the EB-2 NIW. The petition process (through Form I-140) can be initiated while you are abroad. In practice, the EB-2 NIW is characterized as a path that does not require the immediate validation of an immigration status within the country.

However, if the intention is to adjust status to permanent resident (through adjustment of status, which involves Form I-485), those who are in the USA may opt for this process; for those outside, the usual procedure is consular processing after approval of the I-140.

It is essential to strictly follow all United States immigration laws and regulations during this process. It is always worth seeking information from official sources and, if possible, consulting professionals experienced with U.S. immigration law. In this way, you minimize the risk of falling victim to misleading information or marketing campaigns that promise easy results without considering the complexity and specific criteria required in the application review.

Remember: staying updated and acting in accordance with U.S. immigration laws is essential to ensure that your process proceeds properly and safely.

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.