I went through a divorce. Does that affect my EB-2 NIW?

In general, a divorce does not affect the merits of your EB-2 NIW. The petition stands on your professional profile and the demonstration that your work has national importance — factors that are independent of your marital status. The applicant petitions on their own behalf, so the foundation of the case is your record, not your marriage.

The point to watch is usually the dependents. If a spouse and children were included in the process as accompanying family members, the divorce changes the relationship that supports the ex-spouse’s eligibility as a dependent, though it typically does not affect your principal petition or the children.

• The merits of the EB-2 NIW depend on your work, not your marital status.
• The change mainly affects the ex-spouse’s dependent status.
• It is worth keeping your personal documentation consistent and up to date in the process.

Since the effects on dependents vary depending on the stage of the process, it is worth reviewing your case with a specialist and confirming what applies at the official source before making decisions.

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.