What is the role of the Department of State in the EB-2 NIW?

The EB-2 NIW is a professional merit-based visa category that waives the requirement of a job offer and labor certification process. Although the main focus of this procedure is the candidate’s merit analysis by USCIS (United States Citizenship and Immigration Services), the Department of State plays a specific and important role in certain stages of the process.

When the applicant is outside the United States, the EB-2 NIW goes through the stage known as “consular processing.” At this phase, the Department of State is responsible for coordinating the immigrant visa issuance through American embassies or consulates abroad. The Department operates, for example, through the National Visa Center (NVC), which organizes and reviews the necessary documentation, schedules interviews, and verifies whether the applicant meets all security and health requirements defined by U.S. law.

During the consular interview, a consular officer, subordinate to the Department of State, will assess, among other aspects, the applicant’s admissibility and the authenticity of the documents submitted, concluding whether the visa can be issued. For those who are already legally in the United States, the process often continues with adjustment of status before USCIS, and the direct role of the Department of State may be minimized, as the consular interview is not required.

Nevertheless, it is essential to recognize that in both scenarios all involved agencies – both USCIS and the Department of State – are working to maintain the integrity of the immigration system, ensuring security and strict compliance with the laws. It is always important to emphasize that the immigration process must be conducted in accordance with U.S. laws. It is recommended to seek information from official sources and, when necessary, rely on assistance from reputable professionals in the field, avoiding dubious promises or marketing campaigns that guarantee immediate and assured results. Staying well informed and cautious can make all the difference in the immigration journey.

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.