Is it possible to reside outside the US and apply for the EB-2 NIW?

The EB-2 NIW (National Interest Waiver) visa is an immigration category that waives the requirement of a job offer and labor certification, focusing on professionals with advanced skills or holders of advanced degrees who bring significant benefits to the United States.

A common question is whether it is necessary to reside in US territory to start this process. It is important to clarify that you can start the EB-2 NIW process even while outside the United States. The filing of Form I-140, which is the immigrant petition based on employment, can be submitted from abroad.

Many applicants opt for this path and, if the petition is approved, they proceed to consular processing. This final step takes place at American embassies or consulates in the applicant’s country of residence, where interviews and other procedures necessary to issue the immigrant visa are conducted.

It is worth emphasizing that during the process, it is essential to respect immigration laws and stay attentive to updated information, as rules and procedures may change. Therefore, it is crucial to seek specialized guidance, either through legal consultations or reliable sources, avoiding scams and marketing campaigns that promise guaranteed results.

Remember that each case is unique and that the details of your profile may influence the path to follow. Staying informed and following formal procedures is always the safest strategy when it comes to immigration matters for the United States.

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.