Does my spouse also need to meet EB-2 criteria?

No. Under the EB-2 NIW, it is the principal applicant who must demonstrate merit and national interest. The spouse is included as a dependent and does not need to independently meet the visa criteria: their eligibility derives from the approved principal petition.

The spouse’s role in the process is different: to establish the family relationship in a legitimate way. This typically involves the marriage certificate and supporting documents that show the marriage is genuine, along with the forms and steps specific to those accompanying the primary applicant.

It is worth noting that dependent status comes with its own rules regarding stay and, in some cases, work authorization, which must be verified separately. Each family situation has its own particularities.

Since immigration rules are detailed and change over time, it is advisable to confirm the current procedures with USCIS or a qualified specialist before assembling documentation for the spouse and other dependents.

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.