If my spouse is also a high-level researcher, can they file a separate NIW?

The EB-2 NIW (National Interest Waiver) visa offers an opportunity for highly qualified professionals to submit a petition based on their skills and achievements without the need for a formal job offer. This modality is based on the idea that the applicant can contribute significantly to the national interests of the United States.

In the case of a couple, if both have exceptional qualifications, each can, in principle, submit their own NIW petition, provided they independently prove their relevance in their field of expertise. In other words, if your spouse is also a high-level researcher and presents evidence of their contribution to the field, he or she may file the process separately.

It is worth emphasizing that, even when working together, the petitions are analyzed individually, which requires each person to meet the specific criteria and demonstrate through documentary evidence the exceptional qualities and the relevance of the work developed. It is fundamental to remember the importance of strictly following United States immigration laws throughout the entire process.

The interpretation and application of the regulations may vary from case to case; therefore, seeking information from official sources and consulting specialized professionals is a recommended practice to avoid misunderstandings and scams, as well as to protect oneself from approaches promising guaranteed results.

Finally, stay well informed and cautious regarding marketing campaigns offering miracle solutions. The detailed preparation and evaluation of your case and that of your spouse can make a difference in the immigration journey. Each petition requires a robust set of documents and evidence attesting to the impact of the work performed, and following an informed path is always the best method to achieve your goals safely and in accordance with current legislation.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.