Navigating Visa Status and EB2 NIW Approval: What to Do After Approval

Many individuals in pursuit of the EB2 National Interest Waiver (EB2 NIW) often find themselves in a complex situation after their petition is approved from their home country. This article aims to clarify the steps and considerations one should take when dealing with a B1/B2 visa in this scenario, ensuring compliance with immigration regulations and facilitating a smoother process for obtaining US permanent residency.

Understanding the EB2 NIW Process

The EB2 NIW is a path to permanent residency for individuals who can demonstrate that they are of exceptional ability or have advanced degrees in the sciences, arts, or business. Once approved, the next step is often to apply for adjustment of status (AOS) or secure a diversity visa.

Visa Status and EB2 NIW Approval Confusion

Some individuals may mistakenly believe that they can gain early entry into the US on a B1/B2 visa with their approved EB2 NIW application. However, this approach is fraught with risks and misunderstandings. According to many visa experts, an approved EB2 NIW alone does not entitle an individual to bypass typical visa processing and directly apply for AOS in the US on a B1/B2 visa.

No. You do the immigrant visa application at home and come here with that in hand. You can’t use a visitor visa to push yourself to the head of the line.

Attending a US consulate outside your home country and obtaining an immigrant visa is the recommended course of action. This ensures that your immigrant visa application is processed properly, and you remain compliant with immigration laws.

Entering the US on a B1/B2 Visa with an Approved EB2 NIW

If you are in the US when your EB2 NIW is approved, you should proceed with applying for adjustment of status (AOS) immediately. This ensures that you remain in compliance with your B1/B2 visa status and do not engage in unauthorized work. There is no certainty that attempting to enter the US on a B1/B2 with an approved EB2 NIW would be successful, as Immigration and Customs Enforcement (ICE) officers may view this as a violation.

Overseas and Approved EB2 NIW

If you are overseas when your EB2 NIW is approved, you should process the visa from your home country through a US consulate or embassy. Once the visa is processed, you can enter the US and then proceed with the AOS process. This approach minimizes the risk of any legal complications and ensures a smoother transition.

Key Considerations:

If you are in the US and your EB2 NIW is approved, stay in the US and apply for AOS. If you are overseas and your EB2 NIW is approved, apply for an immigrant visa at a US consulate or embassy in your home country. Do not enter the US on a B1/B2 visa with an approved EB2 NIW to avoid violating visa status. Obtain an advance parole document before traveling outside the US while your AOS application is pending.

Conclusion

Athletes, scholars, and individuals with extraordinary talent often face the challenge of navigating the complexities of visas and immigration. Understanding the correct procedure for visa status, including entering the US with the right documentation, is crucial to avoiding legal issues. By carefully following the recommended steps and seeking professional guidance, one can successfully navigate the EB2 NIW process and achieve permanent residency status.