If you are thinking about applying for the National Interest Waiver (NIW), it is important to know whether you can do so while inside or outside the United States. Here’s what you need to know.

For any EB application, if you are in the U.S., you must have a valid and unexpired nonimmigrant status. This is because Congress, under INA 245(k), only allows up to 180 days of unlawful presence. The NIW is only one step in the process and does not include the I-485 application. Therefore, if you do not have nonimmigrant status, you should ideally be outside the U.S. while you wait.