The EB-2 NIW (National Interest Waiver) is one of the most sought-after Green Cards for degree holders. It waives the job offer and labor certification when your work matters to the United States.
Who can file
First, you need to qualify for the EB-2 category in one of two ways:
Advanced degree
- A master's or doctorate; or
- A bachelor's degree plus 5 years of progressive experience in the field after graduation.
Exceptional ability
Without an advanced degree, you can show exceptional ability by meeting at least 3 of 6 criteria:
- A degree or certificate related to the field;
- Letters documenting at least 10 years of full-time experience;
- A professional license or registration;
- Pay that demonstrates exceptional ability;
- Membership in professional associations;
- Recognition from peers, government or organizations in the field.
The three requirements (Dhanasar)
Since Matter of Dhanasar (2016), USCIS waives the job offer when you prove three points:
- Substantial merit and national importance: your proposed endeavor has real value and an impact that reaches beyond a single client or company. It can be in healthcare, technology, education, business, engineering and other fields.
- You are well positioned to advance it: your education, experience, past results, plan and interest from partners show you can carry the endeavor forward.
- Waiving the job offer is worthwhile: on balance, the US gains more by waiving labor certification than by requiring it.
The NIW is not only for scientists. Business owners, engineers, doctors, IT and business professionals are approved too, as long as the endeavor is specific and its national importance is well documented.
The proposed endeavor
The heart of the petition is the description of what you will do in the US. A strong endeavor usually has:
- A specific goal, not just "working in my field";
- A link to US priorities, such as public policy, official reports and industry data;
- An execution plan with stages, resources and potential partners;
- Expert letters confirming the endeavor's relevance and your ability to carry it out.
Generic endeavors are among the most common reasons for denials and requests for evidence (RFEs). Each case needs to be built to fit.
The waiting line and timelines
- I-140 petition with USCIS, with optional premium processing.
- Waiting for your priority date: the EB-2 category has a backlog for many countries. Your priority date is the I-140 filing date, and the line's progress is published monthly in the Visa Bulletin.
- Green Card: once your priority date is "current", you move to adjustment of status (I-485) in the US or consular processing in your home country.
Because of the backlog, the sooner the I-140 is filed, the sooner you secure your place in line.
FAQ
Do I need to be fluent in English?
There is no English test in the process. But your endeavor has to be viable, and language skills help show you are well positioned to carry it out.
Can I bring my family?
Yes. Your spouse and unmarried children under 21 are included as dependents and receive Green Cards too.
Do I need a company or a job in the US?
No. That is exactly the advantage of the NIW: you are your own petitioner. But your endeavor needs to show how you will work in the US.
NIW or EB-1A: which should I choose?
It depends on your track record. People with awards, publications and strong recognition may qualify for the EB-1A, which usually has a shorter line. The partner attorney assesses both paths in your case.
Informational content, updated on October 26, 2026. This is not legal advice. Immigration rules, fees and timelines change often; always confirm on the USCIS and Department of State websites. Each case is assessed individually by US-licensed attorneys, and no approval can be guaranteed.