EB-2 NIW — National Interest Waiver

Eligibility criteria — EB-2 NIW

Matter of Dhanasar test (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)) Codified in the USCIS Policy Manual, Vol. 6, Part F, Chapter 5.

All three prongs below must be satisfied:

The proposed endeavour must have substantial merit — in the sciences, technology, culture, education, business, health, or other fields — AND national importance, meaning its implications and benefits extend beyond a particular employer, locality, or region. Work that benefits a local community may have merit but may not rise to national importance for NIW purposes.

1. Substantial merit and national importance

The applicant must demonstrate they are well positioned to advance the proposed endeavour. This may include education, skills, knowledge, a track record of prior success, a concrete plan, support letters from experts, and other factors. USCIS does not require that the work be completed — a credible plan is sufficient.

1. Well positioned to advance the endeavour

The applicant must show that, on balance, it would benefit the US to waive the job offer and labour certification (PERM) requirement. Factors include: the urgency or national need for the endeavour, the applicant's unique capacity to contribute, and the potential impact of the work.

1. On balance, beneficial to the US to waive the traditional requirements

This is an informational tool, not legal advice.

Frequently asked questions — EB-2 NIW

This is an informational tool, not legal advice. Consult an immigration attorney for guidance on your specific situation.

Fees — EB-2 NIW

USCIS fees are updated periodically. No dollar amounts are hardcoded in this tool to prevent stale information.

Check the current fee schedule at: https://www.uscis.gov/forms

Main USCIS fees (see uscis.gov/forms for current amounts):

• I-140 — Immigrant Petition: see uscis.gov/forms
• I-907 — Premium Processing for I-140 (optional): see uscis.gov/forms
• I-485 — Adjustment of Status (includes biometrics): see uscis.gov/forms
• I-765 — EAD: typically included in the I-485 fee when filed concurrently
• I-131 — Advance Parole: typically included in the I-485 fee when filed concurrently

Consular fees (paid to the State Department, if applicable):

• Immigrant Visa Application Processing Fee: see travel.state.gov for the current amount
• USCIS Immigrant Fee (paid after US entry): see uscis.gov/forms for the current amount

Important: USCIS fees are non-refundable, even if the petition is denied.

This is an informational tool, not legal advice.

The EB-2 NIW (National Interest Waiver) is a second preference employment-based permanent residence (green card) category. It allows professionals with an advanced degree or exceptional ability to petition for permanent US residence without a formal job offer or the PERM labour certification process, provided they demonstrate that their work is in the US national interest.

The main advantage of the EB-2 NIW is self-petition eligibility: the professional files Form I-140 with USCIS directly, without relying on an employer sponsor.

After I-140 approval, the path to the green card depends on where the applicant is: (1) in the US with valid status — via Adjustment of Status (AOS, Form I-485); (2) outside the US — via consular processing at the NVC and interview at a US consulate.

This is an informational tool, not legal advice. Consult a qualified immigration attorney to evaluate your specific situation.

Process phases — EB-2 NIW

Gather evidence of the advanced degree or exceptional ability, articulate the proposed endeavour, and address all three Matter of Dhanasar prongs.

1. Petition preparation

The petition is submitted to USCIS. The filing date becomes the priority date upon approval (unless a prior PERM certification with an earlier date exists).

1. I-140 filing

USCIS may issue an RFE. See uscis.gov/processing-times for current timeframes. Premium processing may accelerate the decision.

1. USCIS adjudication

After approval, the priority date is locked in. An approved I-140 may be ported to another employer after 180 days of pendency (AC21 portability), but no employer is required for a NIW petition.

1. I-140 approval — priority date established

Check the State Department Visa Bulletin monthly (travel.state.gov). For Brazilians (country of birth = Brazil, chargeability = ROW), monitor the "All Chargeability Areas Except Those Listed" or "Brazil" column for EB-2.

1. Awaiting a current priority date (Visa Bulletin)

AOS path (for those in the US with valid status):

6a. File I-485 when the priority date is current or available (Dates for Filing chart) 6b. I-485 adjudication; EAD and Advance Parole issued while awaiting decision 6c. I-485 approval — green card mailed

Consular path (for those outside the US):

6d. Case transferred to NVC; submit DS-260 and civil documents; pay consular fees 6e. NVC confirms documentarily complete status 6f. Consular interview scheduled and conducted 6g. Immigrant visa issued; US entry; green card mailed

Timelines are estimates based on official data and may vary significantly. This is an informational tool, not legal advice.

Required forms — EB-2 NIW

Primary form:

May be filed by the applicant themselves (self-petition) or by an employer.

• I-140 — Immigrant Petition for Alien Workers

AOS path (Adjustment of Status — for those inside the US):

• I-485 — Application to Register Permanent Residence or Adjust Status
• I-765 — Application for Employment Authorisation (EAD) — may be filed concurrently with I-485
• I-131 — Application for Travel Document (Advance Parole) — may be filed concurrently with I-485
• I-693 — Report of Medical Examination and Vaccination Record (must be completed by a USCIS-designated civil surgeon)

Consular path (for those outside the US):

• DS-260 — Immigrant Visa and Alien Registration Application (submitted to NVC via CEAC)
• DS-5540 — Public Charge Questionnaire (if applicable)
• I-864 — Affidavit of Support (if required by NVC)

See uscis.gov/i-140 and travel.state.gov for current forms and complete instructions.

This is an informational tool, not legal advice.

Who qualifies for EB-2 NIW?

To petition for EB-2 NIW, the applicant must meet two cumulative requirements:

a. Advanced degree: a master's degree or higher (or bachelor's degree plus 5 years of progressive experience in the field); OR

b. Exceptional ability in the sciences, arts, or business: a degree of expertise significantly above that ordinarily encountered in the field, demonstrated by at least 3 of the 6 types of evidence listed in 8 CFR §204.5(k)(3).

1. Base EB-2 eligibility (one of the following):

a. The proposed endeavour has both substantial merit and national importance.

b. The applicant is well positioned to advance the proposed endeavour.

c. On balance, it would be beneficial to the US to waive the job offer requirement.

1. National Interest Waiver (NIW) — the three-prong Matter of Dhanasar test:

All three Dhanasar prongs must be satisfied.

This is an informational tool, not legal advice.