Can You Apply for an EB-2 NIW from Outside the United States?

Yes, you can apply for a green card through the EB-2 National Interest Waiver (NIW) even if you are living outside of the United States. This visa category offers flexibility for foreign nationals who do not have a U.S. job offer and wish to self-petition. Here’s how the process works and what you need to consider.

One of the key benefits of the EB-2 NIW is that it does not require a job offer from a U.S. employer. As a self-petitioner, you can submit the I-140 petition while still residing in your home country. Once the I-140 is approved, you can move forward with processing and obtaining the immigrant visa at a consulate (called consular processing).

1. File the I-140 Petition: You can submit your I-140 petition from outside the United States. This petition should include detailed evidence supporting your qualifications and how your work benefits the national interest of the U.S.
2. Consular Processing: After your I-140 petition is approved, the next step is to apply for an immigrant visa through the U.S. consulate or embassy in your home country. During this stage, you will:
   • Complete the DS-260 application form.
   • Attend an interview at your home country’s U.S. consulate.
   • Provide any additional documentation required by the consulate.
3. Receive an Immigrant Visa: If your visa is approved, you will receive an immigrant visa stamp in your passport. With this visa, you can travel to the U.S. and be admitted as a permanent resident.

To succeed in your EB-2 NIW application, you must provide evidence that meets all three criteria outlined in Matter of Dhanasar:

• Substantial Merit and National Importance: Demonstrate that your work is important and beneficial to U.S. interests.
• Well-Positioned to Advance the Proposed Endeavor: Show that you have the skills, experience, and qualifications to successfully contribute to your field.
• Benefit of Waiving the Job Offer Requirement: Explain why waiving the job offer and labor certification is in the national interest.

Even if you’re applying from outside the U.S., you still need to provide strong evidence to support your case. One effective strategy is to include a business plan and expert letters from U.S.-based professionals. The business plan and letters can provide valuable perspective on how your work aligns with U.S. national interests, helping to strengthen your application.

Applying for an EB-2 NIW while living outside the United States is entirely possible and often a strategic choice for qualified individuals. By self-petitioning and proving your case through comprehensive evidence, you can navigate the process and gain a path to permanent residency in the U.S.

If you’re considering applying for an EB-2 NIW from abroad, it’s advisable to work with an experienced immigration attorney who can guide you through each step of the process and ensure your application is strong.