Can You Travel During EB-2 National Interest Waivers?

Introduction

An EB-2 National Interest Waiver (NIW) can provide a pathway to permanent residence for certain professionals whose work is considered to have substantial merit and national importance. However, international travel during the immigration process requires careful planning. Whether travel is possible depends largely on where you are in the process and whether you are applying for permanent residence from inside or outside the United States.

Travel While an EB-2 NIW Petition Is Pending

An EB-2 NIW petition and an application for adjustment of status are separate parts of the immigration process. If you have filed an NIW petition but have not filed Form I-485, traveling internationally generally does not, by itself, prevent USCIS from continuing to process the petition. However, your ability to leave and return to the United States depends on your current immigration status and the documents you use for reentry.

If you are pursuing permanent residence through consular processing, international travel is generally part of that process. You should still make sure that you maintain appropriate authorization to enter the United States when necessary and understand how travel may affect any other pending immigration matters.

Travel While Form I-485 Is Pending

Travel requires greater caution when an NIW applicant has filed Form I-485, Application to Register Permanent Residence or Adjust Status. In general, USCIS considers an adjustment application abandoned when an applicant leaves the United States without obtaining advance parole before departure. Advance parole is generally requested through Form I-131.

There are limited exceptions for certain nonimmigrant classifications, including qualifying H-1B and L-1 workers and certain dependent classifications, when the applicable requirements are satisfied. Even when advance parole has been approved, it does not automatically guarantee admission to the United States. A traveler remains subject to inspection and other requirements upon return.

Conclusion

International travel during an EB-2 NIW case may be possible, but the consequences can differ significantly depending on whether only the NIW petition is pending, an adjustment application has been filed, or the case is proceeding through consular processing. Before making international travel plans, applicants should carefully review their immigration status and available travel documents.

This article provides general information and is not legal advice. Immigration rules and individual circumstances can vary. Applicants considering international travel during an EB-2 NIW process should consult a qualified immigration attorney regarding their specific situation.