I was in an asylum process. Can I pursue the EB-2 NIW?

In many cases, having gone through an asylum process does not, by itself, prevent you from pursuing the EB-2 NIW. They are separate paths: asylum is humanitarian protection, while the EB-2 NIW is an employment-based green card route in which a qualified professional self-petitions on the basis of merit and requests a waiver of the job offer and labor certification requirements by demonstrating that their work serves the national interest of the United States.

The sensitive point is not the asylum process itself but your current immigration status and the history of your case. How each application was processed, the status you hold today, and the strategy for adjusting status or consular processing abroad all need to be analyzed together, because they interact in ways that vary from person to person.

• Asylum and EB-2 NIW are independent processes with different legal foundations.
• What matters is your immigration status and current case history.
• Eligibility for the EB-2 NIW remains centered on the merit of your work.

Because these two tracks can intersect in complex ways, this is a situation where it is especially important to evaluate your case with a specialist and verify the current requirements from the official source before taking any steps, to avoid jeopardizing one path while pursuing the other.

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.