EB-2 National Interest Waiver

The EB-2 National Interest Waiver (NIW) is a second-preference employment-based immigrant visa (green card) that allows individuals with advanced degrees or exceptional ability in the sciences, arts, or business to obtain permanent U.S. residency without employer sponsorship, a job offer, or labor certification. Alongside the EB-1A Extraordinary Ability, it is one of only two employment-based immigrant categories permitting self-petition. The analytical framework for evaluating NIW petitions was established by the precedent decision Matter of Dhanasar (AAO 2016) and substantially clarified by updated USCIS policy guidance issued in January 2025.

Applicants must satisfy two layers of eligibility:

EB-2 threshold eligibility — one of the following:

• Advanced degree: a U.S. master's, doctoral, or professional degree (or foreign equivalent); OR a U.S. bachelor's plus at least 5 years of progressive post-baccalaureate work experience in the specialty
• Exceptional ability: a degree of expertise significantly above that ordinarily encountered, demonstrated by at least 3 of 6 criteria — academic credentials, 10+ years of documented full-time experience, professional license or certification, high salary relative to peers, professional association membership, or recognition for contributions by peers or governmental entities

Three-prong Dhanasar national interest waiver test:

1. The proposed endeavor has substantial merit and national importance — it must go beyond a single employer and have broader implications for a field, region, or the general public
2. The petitioner is well positioned to advance the endeavor — based on education, skills, track record, plans, and supporting evidence (publications, patents, letters from investors or government agencies)
3. On balance, it would benefit the United States to waive the job offer and labor certification requirements

No minimum income, salary, or financial proof is required for the I-140 petition itself.

• Completed Form I-140 (Immigrant Petition for Alien Workers)
• Filing fee ($715) and Asylum Program Fee ($300 for self-petitioners)
• Evidence of advanced degree or exceptional ability
• Evidence satisfying all three Dhanasar prongs (description of proposed endeavor, supporting letters, publications, plans, business documentation as applicable)
• Form ETA-9089 Appendix A (completed by the self-petitioner as both petitioner and beneficiary)
• Passport copy
• For adjustment of status (Form I-485): medical examination (Form I-693), civil documents, and photographs
• For consular processing abroad: Form DS-260, civil documents, medical examination, and photographs

EB-2 NIW grants unconditional lawful permanent residence. The physical green card is valid for 10 years and renewed via Form I-90 (fee $540) as a routine administrative step. Permanent residents may apply for U.S. citizenship (naturalization) after 5 years of continuous permanent residence, or 3 years if married to a U.S. citizen.

Spouse and unmarried children under 21 may be included as derivative beneficiaries. They apply for adjustment of status (Form I-485) or consular processing (Form DS-260) concurrently with the principal applicant. Spouses of pending I-485 applicants may file Form I-765 for an Employment Authorization Document while adjustment is pending.

Permanent residents are U.S. tax residents subject to worldwide income taxation. Annual federal income tax returns (Form 1040) must be filed with the IRS reporting all worldwide income. Foreign tax credits may be claimed for taxes paid to other countries. State income tax obligations vary by state of residence.

The process has two main stages:

1. Form I-140 petition: File as a self-petitioner with USCIS — online via the myUSCIS portal (my.uscis.gov) or by mail to the designated service center. No employer or labor certification is needed. USCIS first assesses EB-2 threshold eligibility, then evaluates the national interest waiver request under the three Dhanasar prongs. Standard processing takes approximately 18–21 months; optional premium processing (Form I-907, fee $2,805 or $2,965 from March 2026) guarantees a 45-business-day initial response.

2. Green card stage: Once the I-140 is approved and a visa number is available, the applicant either files Form I-485 for adjustment of status (if in the U.S.) or undergoes consular processing abroad via Form DS-260. Concurrent filing of I-140 and I-485 is permitted when a visa number is immediately current.

Note: Nationals of India and China face significant multi-year backlogs in the EB-2 category due to per-country visa limits. The NIW covers only the sciences, arts, and business — education and athletics are not eligible under this pathway.