How entrepreneurs can qualify for the EB-2 NIW green card by proving national interest, with evidence strategies, costs, and timelines for 2026.
How entrepreneurs can qualify for the EB-2 NIW green card by proving national interest, with evidence strategies, costs, and timelines for 2026.
Entrepreneurs can self-petition for a green card through the EB-2 National Interest Waiver without employer sponsorship or PERM labor certification. Applicants must pass the three-prong Dhanasar test by proving their venture has substantial merit, national importance, and that they are well-positioned to advance it. The I-140 filing fee is $715, plus a $600 Asylum Program Fee. Premium processing costs $2,805 (increasing to $2,965 on March 1, 2026) and guarantees a decision within 45 business days.
The EB-2 NIW allows entrepreneurs to self-petition for a U.S. green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must pass the three-prong Dhanasar test established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
USCIS updated NIW guidance on January 15, 2025 (Policy Alert PA-2025-03), adding stricter scrutiny on entrepreneur petitions and requiring a specific proposed endeavor beyond general business activity.
The I-140 filing fee is $715, plus a $600 Asylum Program Fee, totaling $1,315 in government fees before premium processing.
Premium processing for EB-2 NIW costs $2,805 (increasing to $2,965 effective March 1, 2026) and provides a decision within 45 business days.
Standard I-140 processing time without premium processing averages 8-19 months as of early 2026.
The EB-2 NIW approval rate for FY2025 was approximately 61%, with a declining trend due to increased petition volume and heightened USCIS scrutiny.
The EB-2 NIW allows entrepreneurs to self-petition for a U.S. green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must pass the three-prong Dhanasar test established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
USCIS updated NIW guidance on January 15, 2025 (Policy Alert PA-2025-03), adding stricter scrutiny on entrepreneur petitions and requiring a specific proposed endeavor beyond general business activity.
The I-140 filing fee is $715, plus a $600 Asylum Program Fee, totaling $1,315 in government fees before premium processing.
Premium processing for EB-2 NIW costs $2,805 (increasing to $2,965 effective March 1, 2026) and provides a decision within 45 business days.
Standard I-140 processing time without premium processing averages 8-19 months as of early 2026.
The EB-2 NIW approval rate for FY2025 was approximately 61%, with a declining trend due to increased petition volume and heightened USCIS scrutiny.
The EB-2 National Interest Waiver is a subcategory of the employment-based second preference (EB-2) immigrant visa. It allows qualified foreign nationals to petition for a U.S. green card without the two requirements that most employment-based green cards demand: a specific job offer from a U.S. employer and PERM labor certification through the Department of Labor.
The NIW was created under the Immigration Act of 1990. Congress recognized that some individuals contribute so significantly to the national interest that requiring them to go through the standard labor market test would be counterproductive. Under 8 CFR 204.5(k), USCIS may waive the job offer and labor certification requirements when it determines that doing so would benefit the United States.
For entrepreneurs, this is especially powerful. Unlike the H-1B or most other work visas, the NIW lets business founders file Form I-140 (Immigrant Petition for Alien Workers) on their own behalf. There is no need for a separate U.S. employer to sponsor the petition.
Learn more about the EB-2 NIW green card here
Before USCIS evaluates the national interest waiver itself, the applicant must first qualify for the underlying EB-2 classification. There are two ways to meet this threshold:
The applicant holds a U.S. master's degree or higher (or a foreign equivalent). A U.S. bachelor's degree plus 5 years of progressive post-degree work experience in the specialty also qualifies.
The applicant demonstrates exceptional ability in their field - which can include business, science, technology, or the arts - by meeting at least 3 of 6 criteria defined in 8 CFR 204.5(k)(3)(ii):
Official academic record showing a degree related to the area of exceptional ability
Letters from current or former employers documenting at least 10 years of full-time experience
A license or certification to practice the profession
Evidence of commanding a salary or remuneration that demonstrates exceptional ability
Membership in professional associations
Recognition for achievements and contributions by peers, government entities, or professional organizations
Important for entrepreneurs: Following the January 15, 2025 USCIS policy update (PA-2025-03), officers now scrutinize EB-2 threshold eligibility more explicitly before evaluating the NIW prongs. The proposed occupation must require at least a bachelor's degree for entry into the field, and the applicant's exceptional ability must directly relate to the proposed endeavor.
The core legal test for the NIW comes from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). This precedent decision replaced the older New York State Department of Transportation test and established three prongs that every NIW petitioner must satisfy:
The entrepreneur's proposed endeavor must have both substantial merit and national importance. USCIS evaluates this broadly across areas like business, technology, healthcare, education, and economic development.
What works for entrepreneurs:
A technology startup developing solutions that address a national challenge (such as cybersecurity, clean energy, or healthcare access)
A business that creates measurable job growth in the U.S. economy
A venture that advances innovation in a STEM field with documented market need
What does NOT work: The January 2025 USCIS guidance explicitly states that "an entrepreneur cannot demonstrate national importance solely by opening a consulting firm for those working or seeking to work in a nationally important occupation." Similarly, general statements about the importance of an industry (such as claiming the car dealership industry is nationally important) do not satisfy this prong. Source: USCIS - Employment-Based Immigration: Second Preference EB-2
The endeavor must show impact beyond the applicant's own company or local market. USCIS looks for potential national-scale benefits.
The entrepreneur must demonstrate they have the education, skills, knowledge, and track record to successfully carry out the proposed endeavor. USCIS considers:
Relevant educational background and degrees
Prior entrepreneurial successes, such as companies founded, revenue generated, or products launched
A detailed business plan showing how the endeavor will be pursued
Progress already made toward the endeavor (customers acquired, funding secured, partnerships formed, patents filed)
Letters from industry experts, investors, or partners confirming the petitioner's qualifications
Critical note: USCIS's updated 2025 guidance emphasizes that general work experience alone may not be sufficient. For example, if an entrepreneur's experience is limited to a narrow role, USCIS may determine they have not established they are well-positioned to lead a broader entrepreneurial venture. The petition must connect specific past accomplishments to the proposed future plan.
The petitioner must show that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Relevant arguments include:
It is impractical for an entrepreneur or self-employed innovator to secure a traditional job offer from a separate U.S. employer
The endeavor has potential to generate considerable economic impact, such as job creation or economic revitalization
There is urgency in the national benefit offered by the endeavor
The petitioner's unique qualifications make them difficult to replace through the standard labor market process
This prong is often where entrepreneur petitions are strongest, because the very nature of founding a company makes the traditional employer-employee labor certification process impractical.
Entrepreneurs should prepare a comprehensive evidence package that addresses all three Dhanasar prongs. The following checklist covers the key documents:
Copies of advanced degree(s) with transcripts, or bachelor's degree plus documentation of 5 years of progressive experience
Foreign credential evaluations (if applicable)
Professional licenses or certifications
Business plan with market analysis, financial projections, and clear articulation of national-level impact
Industry reports or government data showing the national importance of the problem being addressed
Media coverage of the industry challenge or opportunity
Evidence of alignment with U.S. government priorities (STEM, infrastructure, healthcare, clean energy, national security)
Resume or CV documenting relevant entrepreneurial experience
Documentation of prior business successes (revenue figures, user growth, company valuations)
5-8 recommendation letters from independent industry experts, investors, customers, or academic authorities who can speak to the petitioner's qualifications and the endeavor's potential impact
Evidence of progress toward the endeavor: funding raised, customers acquired, partnerships signed, patents filed or granted, product launches
Published articles, conference presentations, or media features about the petitioner or their work
Evidence of grants, awards, or recognitions
Explanation of why a traditional job offer and PERM process are impractical
Evidence of economic impact potential (projected job creation, tax revenue, investment)
Any urgency factors (time-sensitive market opportunity, government priority area)
The EB-2 NIW filing process involves several stages. Here is a step-by-step breakdown:
Step 1: Evaluate Eligibility Before investing time and money, assess whether you meet the EB-2 threshold (advanced degree or exceptional ability) and whether your entrepreneurial endeavor can satisfy all three Dhanasar prongs. A professional evaluation from a licensed immigration attorney is strongly recommended.
Not sure if you qualify? Take the free visa evaluation
Step 2: Gather Evidence and Build the Petition Compile all supporting documents. Write or commission a detailed petition letter that presents a clear narrative connecting your qualifications, your proposed endeavor, and the national interest. Obtain recommendation letters from credible, independent experts.
Step 3: File Form I-140 Submit Form I-140, Immigrant Petition for Alien Workers, to USCIS. Self-petitioners file on their own behalf. Include the $715 filing fee plus the $600 Asylum Program Fee. Optionally, include Form I-907 for premium processing ($2,805, or $2,965 if postmarked on or after March 1, 2026).
Form I-140 information: USCIS Form I-140
Step 4: Wait for USCIS Decision Standard processing takes approximately 8-19 months. Premium processing guarantees action (approval, denial, or RFE) within 45 business days. If you receive a Request for Evidence (RFE), you typically have 84 days to respond.
Step 5: Adjustment of Status or Consular Processing After I-140 approval, the next step depends on your location and the Visa Bulletin:
If you are in the U.S. and your priority date is current, file Form I-485 (Adjustment of Status) along with applications for an Employment Authorization Document (EAD) and Advance Parole.
If you are abroad, proceed through consular processing at a U.S. embassy.
Step 6: Receive Green Card Once I-485 is approved or your immigrant visa is issued, you receive your permanent resident card.
Learn more about the green card process
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (Form I-907) | $2,805 (increasing to $2,965 on March 1, 2026) |
Standard I-140 processing time | 8-19 months |
Premium processing decision time | 45 business days (approximately 9 weeks) |
Form I-485 filing fee | $1,440 |
Medical exam (Form I-693) | $200-$500 (varies by provider) |
Attorney fees (typical range) | $5,000-$15,000+ |
Total government fees (I-140 + I-485, no premium) | $2,755 |
Total government fees (I-140 + I-485, with premium) | $5,560 (before March 1, 2026) |
Visa Bulletin wait (most countries) | Approximately 1-2 years after I-140 approval |
Visa Bulletin wait (India) | 10+ years |
Visa Bulletin wait (China) | 3-5+ years |
Note: As of the January 2026 Visa Bulletin, the EB-2 Final Action Date for "All Chargeability Areas Except Those Listed" was April 1, 2024. For China, it was September 1, 2021. For India, it was July 15, 2013. These dates shift monthly. Check the latest Visa Bulletin here
Feature | EB-2 NIW | EB-1A (Extraordinary Ability) | EB-5 (Investor Visa) |
|---|---|---|---|
Visa Type | Immigrant (Green Card) | Immigrant (Green Card) | Immigrant (Green Card) |
Self-Petition Allowed | Yes | Yes | Yes (through Regional Center or Direct) |
Employer Sponsorship | Not required | Not required | Not required |
PERM Labor Certification | Waived | Not required | Not required |
Minimum Investment | None | None | $800,000 (TEA) or $1,050,000 |
Evidence Standard | Dhanasar three-prong test | Meet 3 of 10 criteria for extraordinary ability | Capital investment + job creation |
Premium Processing | Available ($2,805) | Available ($2,805) | Not available for I-526E |
Premium Processing Time | 45 business days | 15 business days | N/A |
I-140 Filing Fee | $715 | $715 | $3,675 (Form I-526E) |
Annual Visa Cap | Part of EB-2 allocation (approximately 40,000) | Part of EB-1 allocation (approximately 40,000) | 10,000 per year |
Priority Date Backlog | Moderate (1-2 years for most countries) | Generally shorter | Varies |
Best For | Entrepreneurs with advanced degrees and nationally important ventures | Entrepreneurs with extraordinary achievements and recognition | Entrepreneurs with significant capital to invest |
Learn more about the EB-1A green card
Learn more about the EB-5 investor visa
USCIS wants a specific, well-defined endeavor - not a general statement like "I will contribute to the technology industry." The 2025 policy update makes clear that claiming importance of an entire industry is not enough.
A business plan alone, no matter how detailed, is insufficient without documented past success. USCIS needs evidence of tangible progress - customers, revenue, funding, partnerships - not just projections.
Template letters that do not address the specific Dhanasar prongs weaken a petition. Recommendation letters should come from independent experts (not just business partners or employees) and should address specific facts about the petitioner's qualifications and the endeavor's national importance.
USCIS is more interested in how a startup addresses national problems than how much revenue it generates. Petitions that focus primarily on profitability without connecting to broader national benefits are more likely to receive RFEs or denials.
Under the 2025 guidance, USCIS now scrutinizes threshold EB-2 qualification more explicitly. Applicants who cannot clearly demonstrate an advanced degree or exceptional ability - specifically related to the proposed endeavor - risk denial before the NIW analysis even begins.
I-140 approval does not immediately lead to a green card. Entrepreneurs from countries with long visa backlogs (India, China) should plan their immigration timeline carefully and consider concurrent filing strategies where eligible.
On January 15, 2025, USCIS published Policy Alert PA-2025-03, updating the guidance in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual. This is the most significant NIW policy update since Matter of Dhanasar in 2016. Key changes relevant to entrepreneurs include:
Stricter EB-2 threshold analysis: Officers now confirm EB-2 eligibility before reaching the Dhanasar prongs. The proposed occupation must require at least a bachelor's degree.
Specific endeavor required: General claims about industry importance are insufficient. The endeavor must be clearly defined with specific goals and measurable impact.
Entrepreneurship scrutiny: Not all entrepreneurs automatically qualify. USCIS evaluates whether the specific business - not just the industry - serves the national interest.
RFEs reflect new standards: Requests for Evidence are increasingly asking petitioners to clarify the occupation, the exact endeavor, and the nexus between qualifications and the endeavor.
Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5
USCIS, "Employment-Based Immigration: Second Preference EB-2"
Federal Register, "Adjustment to Premium Processing Fees," effective March 1, 2026
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
The EB-2 National Interest Waiver is a subcategory of the employment-based second preference (EB-2) immigrant visa. It allows qualified foreign nationals to petition for a U.S. green card without the two requirements that most employment-based green cards demand: a specific job offer from a U.S. employer and PERM labor certification through the Department of Labor.
The NIW was created under the Immigration Act of 1990. Congress recognized that some individuals contribute so significantly to the national interest that requiring them to go through the standard labor market test would be counterproductive. Under 8 CFR 204.5(k), USCIS may waive the job offer and labor certification requirements when it determines that doing so would benefit the United States.
For entrepreneurs, this is especially powerful. Unlike the H-1B or most other work visas, the NIW lets business founders file Form I-140 (Immigrant Petition for Alien Workers) on their own behalf. There is no need for a separate U.S. employer to sponsor the petition.
Learn more about the EB-2 NIW green card here
Before USCIS evaluates the national interest waiver itself, the applicant must first qualify for the underlying EB-2 classification. There are two ways to meet this threshold:
The applicant holds a U.S. master's degree or higher (or a foreign equivalent). A U.S. bachelor's degree plus 5 years of progressive post-degree work experience in the specialty also qualifies.
The applicant demonstrates exceptional ability in their field - which can include business, science, technology, or the arts - by meeting at least 3 of 6 criteria defined in 8 CFR 204.5(k)(3)(ii):
Official academic record showing a degree related to the area of exceptional ability
Letters from current or former employers documenting at least 10 years of full-time experience
A license or certification to practice the profession
Evidence of commanding a salary or remuneration that demonstrates exceptional ability
Membership in professional associations
Recognition for achievements and contributions by peers, government entities, or professional organizations
Important for entrepreneurs: Following the January 15, 2025 USCIS policy update (PA-2025-03), officers now scrutinize EB-2 threshold eligibility more explicitly before evaluating the NIW prongs. The proposed occupation must require at least a bachelor's degree for entry into the field, and the applicant's exceptional ability must directly relate to the proposed endeavor.
The core legal test for the NIW comes from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). This precedent decision replaced the older New York State Department of Transportation test and established three prongs that every NIW petitioner must satisfy:
The entrepreneur's proposed endeavor must have both substantial merit and national importance. USCIS evaluates this broadly across areas like business, technology, healthcare, education, and economic development.
What works for entrepreneurs:
A technology startup developing solutions that address a national challenge (such as cybersecurity, clean energy, or healthcare access)
A business that creates measurable job growth in the U.S. economy
A venture that advances innovation in a STEM field with documented market need
What does NOT work: The January 2025 USCIS guidance explicitly states that "an entrepreneur cannot demonstrate national importance solely by opening a consulting firm for those working or seeking to work in a nationally important occupation." Similarly, general statements about the importance of an industry (such as claiming the car dealership industry is nationally important) do not satisfy this prong. Source: USCIS - Employment-Based Immigration: Second Preference EB-2
The endeavor must show impact beyond the applicant's own company or local market. USCIS looks for potential national-scale benefits.
The entrepreneur must demonstrate they have the education, skills, knowledge, and track record to successfully carry out the proposed endeavor. USCIS considers:
Relevant educational background and degrees
Prior entrepreneurial successes, such as companies founded, revenue generated, or products launched
A detailed business plan showing how the endeavor will be pursued
Progress already made toward the endeavor (customers acquired, funding secured, partnerships formed, patents filed)
Letters from industry experts, investors, or partners confirming the petitioner's qualifications
Critical note: USCIS's updated 2025 guidance emphasizes that general work experience alone may not be sufficient. For example, if an entrepreneur's experience is limited to a narrow role, USCIS may determine they have not established they are well-positioned to lead a broader entrepreneurial venture. The petition must connect specific past accomplishments to the proposed future plan.
The petitioner must show that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements. Relevant arguments include:
It is impractical for an entrepreneur or self-employed innovator to secure a traditional job offer from a separate U.S. employer
The endeavor has potential to generate considerable economic impact, such as job creation or economic revitalization
There is urgency in the national benefit offered by the endeavor
The petitioner's unique qualifications make them difficult to replace through the standard labor market process
This prong is often where entrepreneur petitions are strongest, because the very nature of founding a company makes the traditional employer-employee labor certification process impractical.
Entrepreneurs should prepare a comprehensive evidence package that addresses all three Dhanasar prongs. The following checklist covers the key documents:
Copies of advanced degree(s) with transcripts, or bachelor's degree plus documentation of 5 years of progressive experience
Foreign credential evaluations (if applicable)
Professional licenses or certifications
Business plan with market analysis, financial projections, and clear articulation of national-level impact
Industry reports or government data showing the national importance of the problem being addressed
Media coverage of the industry challenge or opportunity
Evidence of alignment with U.S. government priorities (STEM, infrastructure, healthcare, clean energy, national security)
Resume or CV documenting relevant entrepreneurial experience
Documentation of prior business successes (revenue figures, user growth, company valuations)
5-8 recommendation letters from independent industry experts, investors, customers, or academic authorities who can speak to the petitioner's qualifications and the endeavor's potential impact
Evidence of progress toward the endeavor: funding raised, customers acquired, partnerships signed, patents filed or granted, product launches
Published articles, conference presentations, or media features about the petitioner or their work
Evidence of grants, awards, or recognitions
Explanation of why a traditional job offer and PERM process are impractical
Evidence of economic impact potential (projected job creation, tax revenue, investment)
Any urgency factors (time-sensitive market opportunity, government priority area)
The EB-2 NIW filing process involves several stages. Here is a step-by-step breakdown:
Step 1: Evaluate Eligibility Before investing time and money, assess whether you meet the EB-2 threshold (advanced degree or exceptional ability) and whether your entrepreneurial endeavor can satisfy all three Dhanasar prongs. A professional evaluation from a licensed immigration attorney is strongly recommended.
Not sure if you qualify? Take the free visa evaluation
Step 2: Gather Evidence and Build the Petition Compile all supporting documents. Write or commission a detailed petition letter that presents a clear narrative connecting your qualifications, your proposed endeavor, and the national interest. Obtain recommendation letters from credible, independent experts.
Step 3: File Form I-140 Submit Form I-140, Immigrant Petition for Alien Workers, to USCIS. Self-petitioners file on their own behalf. Include the $715 filing fee plus the $600 Asylum Program Fee. Optionally, include Form I-907 for premium processing ($2,805, or $2,965 if postmarked on or after March 1, 2026).
Form I-140 information: USCIS Form I-140
Step 4: Wait for USCIS Decision Standard processing takes approximately 8-19 months. Premium processing guarantees action (approval, denial, or RFE) within 45 business days. If you receive a Request for Evidence (RFE), you typically have 84 days to respond.
Step 5: Adjustment of Status or Consular Processing After I-140 approval, the next step depends on your location and the Visa Bulletin:
If you are in the U.S. and your priority date is current, file Form I-485 (Adjustment of Status) along with applications for an Employment Authorization Document (EAD) and Advance Parole.
If you are abroad, proceed through consular processing at a U.S. embassy.
Step 6: Receive Green Card Once I-485 is approved or your immigrant visa is issued, you receive your permanent resident card.
Learn more about the green card process
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (Form I-907) | $2,805 (increasing to $2,965 on March 1, 2026) |
Standard I-140 processing time | 8-19 months |
Premium processing decision time | 45 business days (approximately 9 weeks) |
Form I-485 filing fee | $1,440 |
Medical exam (Form I-693) | $200-$500 (varies by provider) |
Attorney fees (typical range) | $5,000-$15,000+ |
Total government fees (I-140 + I-485, no premium) | $2,755 |
Total government fees (I-140 + I-485, with premium) | $5,560 (before March 1, 2026) |
Visa Bulletin wait (most countries) | Approximately 1-2 years after I-140 approval |
Visa Bulletin wait (India) | 10+ years |
Visa Bulletin wait (China) | 3-5+ years |
Note: As of the January 2026 Visa Bulletin, the EB-2 Final Action Date for "All Chargeability Areas Except Those Listed" was April 1, 2024. For China, it was September 1, 2021. For India, it was July 15, 2013. These dates shift monthly. Check the latest Visa Bulletin here
Feature | EB-2 NIW | EB-1A (Extraordinary Ability) | EB-5 (Investor Visa) |
|---|---|---|---|
Visa Type | Immigrant (Green Card) | Immigrant (Green Card) | Immigrant (Green Card) |
Self-Petition Allowed | Yes | Yes | Yes (through Regional Center or Direct) |
Employer Sponsorship | Not required | Not required | Not required |
PERM Labor Certification | Waived | Not required | Not required |
Minimum Investment | None | None | $800,000 (TEA) or $1,050,000 |
Evidence Standard | Dhanasar three-prong test | Meet 3 of 10 criteria for extraordinary ability | Capital investment + job creation |
Premium Processing | Available ($2,805) | Available ($2,805) | Not available for I-526E |
Premium Processing Time | 45 business days | 15 business days | N/A |
I-140 Filing Fee | $715 | $715 | $3,675 (Form I-526E) |
Annual Visa Cap | Part of EB-2 allocation (approximately 40,000) | Part of EB-1 allocation (approximately 40,000) | 10,000 per year |
Priority Date Backlog | Moderate (1-2 years for most countries) | Generally shorter | Varies |
Best For | Entrepreneurs with advanced degrees and nationally important ventures | Entrepreneurs with extraordinary achievements and recognition | Entrepreneurs with significant capital to invest |
Learn more about the EB-1A green card
Learn more about the EB-5 investor visa
USCIS wants a specific, well-defined endeavor - not a general statement like "I will contribute to the technology industry." The 2025 policy update makes clear that claiming importance of an entire industry is not enough.
A business plan alone, no matter how detailed, is insufficient without documented past success. USCIS needs evidence of tangible progress - customers, revenue, funding, partnerships - not just projections.
Template letters that do not address the specific Dhanasar prongs weaken a petition. Recommendation letters should come from independent experts (not just business partners or employees) and should address specific facts about the petitioner's qualifications and the endeavor's national importance.
USCIS is more interested in how a startup addresses national problems than how much revenue it generates. Petitions that focus primarily on profitability without connecting to broader national benefits are more likely to receive RFEs or denials.
Under the 2025 guidance, USCIS now scrutinizes threshold EB-2 qualification more explicitly. Applicants who cannot clearly demonstrate an advanced degree or exceptional ability - specifically related to the proposed endeavor - risk denial before the NIW analysis even begins.
I-140 approval does not immediately lead to a green card. Entrepreneurs from countries with long visa backlogs (India, China) should plan their immigration timeline carefully and consider concurrent filing strategies where eligible.
On January 15, 2025, USCIS published Policy Alert PA-2025-03, updating the guidance in Volume 6, Part F, Chapter 5 of the USCIS Policy Manual. This is the most significant NIW policy update since Matter of Dhanasar in 2016. Key changes relevant to entrepreneurs include:
Stricter EB-2 threshold analysis: Officers now confirm EB-2 eligibility before reaching the Dhanasar prongs. The proposed occupation must require at least a bachelor's degree.
Specific endeavor required: General claims about industry importance are insufficient. The endeavor must be clearly defined with specific goals and measurable impact.
Entrepreneurship scrutiny: Not all entrepreneurs automatically qualify. USCIS evaluates whether the specific business - not just the industry - serves the national interest.
RFEs reflect new standards: Requests for Evidence are increasingly asking petitioners to clarify the occupation, the exact endeavor, and the nexus between qualifications and the endeavor.
Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5
USCIS, "Employment-Based Immigration: Second Preference EB-2"
Federal Register, "Adjustment to Premium Processing Fees," effective March 1, 2026
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Disclaimer: OpenSphere is not a law firm and does not provide legal advice. This article is for informational purposes only and should not be considered legal counsel. Immigration laws change frequently; always consult with a licensed immigration attorney for advice specific to your situation.
Not sure which visa is right for you? Take OpenSphere's free visa evaluation to get a personalized recommendation in minutes.
Frequently Asked Questions
Can an entrepreneur self-petition for EB-2 NIW without a U.S. employer?
Yes. The EB-2 NIW is one of the few green card categories that allows self-petition. Entrepreneurs file Form I-140 on their own behalf without needing a separate U.S. employer to sponsor them. This also means the PERM labor certification process, which can take 12-18 months on its own, is completely waived.
Can an entrepreneur self-petition for EB-2 NIW without a U.S. employer?
How long does the EB-2 NIW process take for entrepreneurs in 2026?
The I-140 petition takes approximately 8-19 months with standard processing, or 45 business days (about 9 weeks) with premium processing at a cost of $2,805. After I-140 approval, the total timeline to green card depends on the Visa Bulletin - most countries face a 1-2 year wait, while Indian nationals may wait 10+ years.
How long does the EB-2 NIW process take for entrepreneurs in 2026?
What is the minimum investment amount required for an EB-2 NIW entrepreneur petition?
There is no minimum investment requirement for the EB-2 NIW, unlike the EB-5 investor visa which requires $800,000 to $1,050,000. However, entrepreneurs should show evidence of business viability, such as funding raised, revenue generated, customers acquired, or partnerships established, to demonstrate they are well-positioned to advance their endeavor.
What is the minimum investment amount required for an EB-2 NIW entrepreneur petition?
How did the January 2025 USCIS policy update affect entrepreneur NIW petitions?
Policy Alert PA-2025-03 (effective January 15, 2025) added stricter scrutiny to entrepreneur NIW cases. USCIS now explicitly requires that the proposed occupation qualify for EB-2 classification before evaluating NIW merits, and the agency clarified that general industry importance does not satisfy the national importance prong. Entrepreneurs must define a specific endeavor with measurable national-level impact.
How did the January 2025 USCIS policy update affect entrepreneur NIW petitions?
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