Is there a difference in scrutiny level for EB-2 NIW applicants from a country under a travel ban?

In EB-2 NIW, the core of the analysis is the merit of your work and the national interest it serves. Those criteria are the same for every applicant and do not change based on your nationality or the country you come from.

The term ‘travel ban’ refers to travel restrictions that the United States government may apply to citizens of certain countries for security or immigration policy reasons. When such restrictions exist, they primarily affect the security and background check stages, not the standard by which your professional qualifications are evaluated.

In practice, an applicant from a country under restrictions may go through additional security reviews and extra checks before the case is concluded. This can add steps to the process, but it does not mean your merit will be held to a stricter standard: the self-petition continues to be evaluated based on the strength of your evidence.

• Merit and national interest criteria do not depend on nationality.
• Travel restrictions apply to security and background checks, assessed on a case-by-case basis.
• Additional review steps may arise without raising the bar on your qualifications.

Because these policies change frequently and are evaluated individually, it is worth confirming the current rules with USCIS and the Department of State, or with a specialist, before filing.

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Victoria Harper

Editor-in-Chief

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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.