I already have an approved I-129 for H-1B. Can I switch to NIW?

Having an approved I-129 for the H-1B does not prevent you from pursuing the EB-2 NIW, but it is important to understand that these are separate pathways and the transition does not happen automatically. The H-1B is a nonimmigrant work visa that requires employer sponsorship. The EB-2 NIW, on the other hand, falls under employment-based immigration and allows the candidate to self-petition, requesting a waiver of the job offer and labor certification requirements.

In practice, moving from one to the other means filing a new petition specific to the EB-2 NIW, in which you must demonstrate:

• That you meet the profile for this category, with an advanced degree or exceptional ability.
• That your work has merit and relevance to the national interest of the United States.

In other words, a prior H-1B approval does not automatically carry over to the NIW: each pathway is evaluated on its own criteria, on a case-by-case basis. It is worth reviewing USCIS guidance and discussing your background with a trusted specialist, who can recommend the best strategy and how to structure the new petition before filing.

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.