Do you need to name an ‘attorney of record’ on the DS-260 for EB-2 NIW?

In the EB-2 NIW process, the DS-260 (the Department of State immigrant visa application) does not, by itself, require you to name an ‘attorney of record’. Having legal representation is your choice, not an obligation built into the form.

In practice, many applicants work with an immigration attorney to prepare documentation, respond to inquiries, and review every detail. That relationship is valid and legitimate, but it is typically established through proper channels, outside the DS-260.

• Hiring an attorney is optional and does not change the nature of the form.
• Legal representation, when it exists, is formalized through the appropriate channels.
• No professional can guarantee approval, which always rests with the competent authority.

Because forms and instructions can change, confirm the current DS-260 requirements with official sources (the Department of State and USCIS) or a qualified specialist before completing the form.

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.