Which government agencies evaluate the EB‑2 NIW?

The EB‑2 NIW is a visa category that allows professionals with exceptional or advanced skills to seek permanent residence in the United States without the need for a formal job offer, provided they can demonstrate that their presence benefits the national interest. This type of petition involves a thorough review by government agencies, making it essential to strictly follow immigration laws and provide accurate information.

The main agency that evaluates EB‑2 NIW petitions is the United States Citizenship and Immigration Services (USCIS). USCIS reviews all the submitted documentation, verifying whether the applicant meets the eligibility criteria, such as the relevance of their field of expertise to the United States and demonstrating that waiving the job offer is truly in the national interest. All forms, evidence, and arguments are carefully evaluated by this department during the process.

If the applicant is outside the United States, the process also involves the Department of State, which handles the consular processing stage for visa issuance. Thus, after petition approval by USCIS, the Department of State may participate in the next phase, ensuring that all legal steps are fulfilled before the beneficiary enters the country.

It is always advisable to seek information from official and updated sources, as well as to guard against unfounded promises, questionable marketing campaigns, or potential scams. Compliance with immigration laws and support from specialized professionals – when necessary – are important measures to conduct the process safely and transparently.

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.