Complete guide to the EB-2 National Interest Waiver green card, including Dhanasar test, fees, processing times, and filing steps for 2026.
Complete guide to the EB-2 National Interest Waiver green card, including Dhanasar test, fees, processing times, and filing steps for 2026.
The EB-2 National Interest Waiver (NIW) allows professionals with advanced degrees or exceptional ability to self-petition for a U.S. green card without employer sponsorship or PERM labor certification. Applicants must pass the three-prong Dhanasar test. The I-140 filing fee is $715 plus a $600 Asylum Program Fee. Premium processing costs $2,805 ($2,965 after March 1, 2026) with a 45 business day decision. Standard processing averages 8-19 months. The FY2025 approval rate was approximately 61%.
The EB-2 NIW allows self-petition for a green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must hold an advanced degree (master's or higher) or demonstrate exceptional ability, plus pass the three-prong Dhanasar test (Matter of Dhanasar, 26 I&N Dec. 884, AAO 2016).
USCIS updated NIW guidance on January 15, 2025 (Policy Alert PA-2025-03) with stricter scrutiny on proposed endeavors and threshold EB-2 eligibility.
The I-140 filing fee is $715 plus $600 Asylum Program Fee, totaling $1,315 in base government fees.
Premium processing costs $2,805 ($2,965 after March 1, 2026) and guarantees a decision within 45 business days.
Standard I-140 processing averages 8-19 months without premium processing.
The EB-2 NIW approval rate was approximately 61% in FY2025, with a declining trend due to increased volume and heightened scrutiny.
The EB-2 NIW allows self-petition for a green card without a job offer, employer sponsor, or PERM labor certification.
Applicants must hold an advanced degree (master's or higher) or demonstrate exceptional ability, plus pass the three-prong Dhanasar test (Matter of Dhanasar, 26 I&N Dec. 884, AAO 2016).
USCIS updated NIW guidance on January 15, 2025 (Policy Alert PA-2025-03) with stricter scrutiny on proposed endeavors and threshold EB-2 eligibility.
The I-140 filing fee is $715 plus $600 Asylum Program Fee, totaling $1,315 in base government fees.
Premium processing costs $2,805 ($2,965 after March 1, 2026) and guarantees a decision within 45 business days.
Standard I-140 processing averages 8-19 months without premium processing.
The EB-2 NIW approval rate was approximately 61% in FY2025, with a declining trend due to increased volume and heightened scrutiny.
The EB-2 National Interest Waiver is a subcategory of the employment-based second preference (EB-2) immigrant visa classification. Created under the Immigration Act of 1990, the NIW allows qualified foreign nationals to obtain a U.S. green card (permanent residency) 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.
Under 8 CFR 204.5(k), USCIS can waive the job offer and labor certification requirements when it determines that doing so would benefit the national interest of the United States. This makes the NIW one of the most flexible and popular green card pathways for professionals, researchers, entrepreneurs, and STEM workers.
The NIW is filed using Form I-140, Immigrant Petition for Alien Workers. Because it allows self-petition, applicants file on their own behalf without needing a separate U.S. employer.
Learn more about the EB-2 NIW green card
Eligibility requires meeting two separate standards: the threshold EB-2 classification and the National Interest Waiver itself.
Applicants must qualify under one of two EB-2 categories:
Advanced Degree: A U.S. master's degree or higher (or foreign equivalent). A U.S. bachelor's degree plus 5 years of progressive post-degree work experience in the specialty also qualifies.
Exceptional Ability: Demonstrated exceptional ability in sciences, arts, or business by meeting at least 3 of 6 criteria under 8 CFR 204.5(k)(3)(ii):
Academic record showing a degree related to the field
Letters documenting at least 10 years of full-time experience
License or certification to practice the profession
Evidence of commanding a salary demonstrating exceptional ability
Membership in professional associations
Recognition for achievements by peers, government, or professional organizations
After establishing EB-2 eligibility, applicants must pass the three-prong test from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016):
Prong 1 - Substantial Merit and National Importance: The proposed endeavor has both substantial merit and national importance. USCIS evaluates this broadly across business, technology, healthcare, science, education, and economic development. The impact must extend beyond the applicant's own company or local area.
Prong 2 - Well-Positioned to Advance the Endeavor: The applicant has the education, skills, knowledge, and track record to successfully carry out the proposed endeavor. Evidence includes degrees, prior successes, business plans, progress made, and expert recommendation letters.
Prong 3 - Beneficial to Waive Requirements: On balance, it would benefit the United States to waive the job offer and labor certification requirements. Arguments include impracticality of the PERM process, economic impact potential, urgency, and the applicant's unique qualifications.
Advanced degree transcripts and diplomas (with credential evaluation for foreign degrees)
Letters documenting 5 years of progressive experience (if using bachelor's + experience path)
Professional licenses or certifications
Evidence of exceptional ability criteria (if not using advanced degree path)
Business plan or research proposal with national-level impact articulation
Industry reports showing the importance of the field
Government policy documents aligning with the endeavor
Evidence of alignment with U.S. priorities (STEM, healthcare, clean energy, national security)
Resume/CV with detailed accomplishments
Publications, patents, products developed
Evidence of progress: funding, customers, partnerships, research results
5-8 recommendation letters from independent experts
Explanation of why PERM labor certification is impractical
Economic impact projections (job creation, tax revenue)
Urgency factors
Evidence of unique qualifications
Step 1: Evaluate Eligibility. Confirm you meet the EB-2 threshold (advanced degree or exceptional ability) and can articulate a specific proposed endeavor with national importance.
Step 2: Gather Evidence. Compile supporting documents for all three Dhanasar prongs. Obtain 5-8 recommendation letters from independent experts.
Step 3: File Form I-140. Submit Form I-140 with USCIS, including the $715 filing fee and $600 Asylum Program Fee. Optionally file Form I-907 for premium processing ($2,805, or $2,965 after March 1, 2026).
Form I-140 information: USCIS Form I-140
Step 4: USCIS Adjudication. Standard processing takes 8-19 months. Premium processing guarantees action within 45 business days. If USCIS issues an RFE, you typically have 84 days to respond.
Step 5: Wait for Priority Date. After I-140 approval, check the monthly Visa Bulletin to see when your priority date becomes current.
Step 6: File I-485 or Consular Processing. When your priority date is current, file Form I-485 (Adjustment of Status) if you are in the U.S., or complete consular processing at a U.S. embassy if abroad.
Step 7: Receive Green Card. After I-485 approval or immigrant visa issuance, you receive your permanent resident card.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (I-907) | $2,805 ($2,965 after March 1, 2026) |
Standard I-140 processing | 8-19 months |
Premium processing decision | 45 business days |
Form I-485 filing fee | $1,440 |
Medical exam (I-693) | $200-$500 |
Attorney fees | $5,000-$15,000+ |
Total gov fees (I-140 + I-485, no premium) | $2,755 |
Visa Bulletin wait (most countries) | 1-2 years after I-140 approval |
Visa Bulletin wait (India) | 10+ years |
Visa Bulletin wait (China) | 3-5+ years |
FY2025 approval rate | Approximately 61% |
Source: USCIS Fee Schedule | Visa Bulletin
Feature | EB-2 NIW | EB-2 with PERM |
|---|---|---|
Self-Petition | Yes | No (employer must sponsor) |
Job Offer Required | No | Yes |
PERM Labor Certification | Waived | Required (takes 6-18 months) |
Employer Sponsorship | Not required | Required throughout process |
Filing Fee (I-140) | $715 + $600 | $715 + $600 |
PERM Filing Cost | N/A | $0 (DOL fee) + $5,000-$15,000 attorney/recruitment costs |
Premium Processing | Available (45 business days, $2,805) | Available (15 business days, $2,805) |
Evidence Standard | Dhanasar three-prong test | Job requirements + qualifications match |
Portability | Full (no employer tie) | Limited (tied to sponsoring employer until I-485 180 days pending) |
Total Timeline | 2-4 years (most countries) | 3-6+ years (including PERM) |
Best For | Self-petitioners with national-impact work | Employees with supportive employers |
Learn more about the green card process
On January 15, 2025, USCIS published Policy Alert PA-2025-03, the most significant NIW guidance update since Matter of Dhanasar. Key changes include:
Stricter EB-2 threshold analysis: Officers now explicitly verify EB-2 eligibility before evaluating NIW merits.
Specific endeavor required: The proposed occupation must require at least a bachelor's degree, and the endeavor must be clearly defined.
Entrepreneurship scrutiny: General industry importance does not satisfy the national importance prong.
STEM emphasis: USCIS continues to view STEM-related endeavors favorably.
RFEs reflect new standards: Officers increasingly ask for clarification on the occupation, endeavor, and nexus between qualifications and endeavor.
Source: USCIS Policy Manual
The endeavor must be specific and defined, not a general career goal. "Working in technology" is insufficient; "developing AI-powered diagnostic tools that improve early cancer detection rates in underserved communities" is specific and nationally important.
Generic, template letters that do not address specific Dhanasar prongs weaken petitions significantly. Each letter should come from an independent expert and address the applicant's qualifications and the endeavor's national importance with specific facts.
After the January 2025 policy update, USCIS scrutinizes EB-2 qualification more explicitly. Ensure clear documentation of an advanced degree or exceptional ability before focusing on the NIW arguments.
Claims of national importance must be supported by evidence, not just assertions. Provide industry data, government policy documents, expert testimony, and quantified impact metrics.
I-140 approval does not immediately lead to a green card. Applicants from backlogged countries (India, China) must plan for multi-year waits and consider concurrent filing strategies.
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 classification. Created under the Immigration Act of 1990, the NIW allows qualified foreign nationals to obtain a U.S. green card (permanent residency) 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.
Under 8 CFR 204.5(k), USCIS can waive the job offer and labor certification requirements when it determines that doing so would benefit the national interest of the United States. This makes the NIW one of the most flexible and popular green card pathways for professionals, researchers, entrepreneurs, and STEM workers.
The NIW is filed using Form I-140, Immigrant Petition for Alien Workers. Because it allows self-petition, applicants file on their own behalf without needing a separate U.S. employer.
Learn more about the EB-2 NIW green card
Eligibility requires meeting two separate standards: the threshold EB-2 classification and the National Interest Waiver itself.
Applicants must qualify under one of two EB-2 categories:
Advanced Degree: A U.S. master's degree or higher (or foreign equivalent). A U.S. bachelor's degree plus 5 years of progressive post-degree work experience in the specialty also qualifies.
Exceptional Ability: Demonstrated exceptional ability in sciences, arts, or business by meeting at least 3 of 6 criteria under 8 CFR 204.5(k)(3)(ii):
Academic record showing a degree related to the field
Letters documenting at least 10 years of full-time experience
License or certification to practice the profession
Evidence of commanding a salary demonstrating exceptional ability
Membership in professional associations
Recognition for achievements by peers, government, or professional organizations
After establishing EB-2 eligibility, applicants must pass the three-prong test from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016):
Prong 1 - Substantial Merit and National Importance: The proposed endeavor has both substantial merit and national importance. USCIS evaluates this broadly across business, technology, healthcare, science, education, and economic development. The impact must extend beyond the applicant's own company or local area.
Prong 2 - Well-Positioned to Advance the Endeavor: The applicant has the education, skills, knowledge, and track record to successfully carry out the proposed endeavor. Evidence includes degrees, prior successes, business plans, progress made, and expert recommendation letters.
Prong 3 - Beneficial to Waive Requirements: On balance, it would benefit the United States to waive the job offer and labor certification requirements. Arguments include impracticality of the PERM process, economic impact potential, urgency, and the applicant's unique qualifications.
Advanced degree transcripts and diplomas (with credential evaluation for foreign degrees)
Letters documenting 5 years of progressive experience (if using bachelor's + experience path)
Professional licenses or certifications
Evidence of exceptional ability criteria (if not using advanced degree path)
Business plan or research proposal with national-level impact articulation
Industry reports showing the importance of the field
Government policy documents aligning with the endeavor
Evidence of alignment with U.S. priorities (STEM, healthcare, clean energy, national security)
Resume/CV with detailed accomplishments
Publications, patents, products developed
Evidence of progress: funding, customers, partnerships, research results
5-8 recommendation letters from independent experts
Explanation of why PERM labor certification is impractical
Economic impact projections (job creation, tax revenue)
Urgency factors
Evidence of unique qualifications
Step 1: Evaluate Eligibility. Confirm you meet the EB-2 threshold (advanced degree or exceptional ability) and can articulate a specific proposed endeavor with national importance.
Step 2: Gather Evidence. Compile supporting documents for all three Dhanasar prongs. Obtain 5-8 recommendation letters from independent experts.
Step 3: File Form I-140. Submit Form I-140 with USCIS, including the $715 filing fee and $600 Asylum Program Fee. Optionally file Form I-907 for premium processing ($2,805, or $2,965 after March 1, 2026).
Form I-140 information: USCIS Form I-140
Step 4: USCIS Adjudication. Standard processing takes 8-19 months. Premium processing guarantees action within 45 business days. If USCIS issues an RFE, you typically have 84 days to respond.
Step 5: Wait for Priority Date. After I-140 approval, check the monthly Visa Bulletin to see when your priority date becomes current.
Step 6: File I-485 or Consular Processing. When your priority date is current, file Form I-485 (Adjustment of Status) if you are in the U.S., or complete consular processing at a U.S. embassy if abroad.
Step 7: Receive Green Card. After I-485 approval or immigrant visa issuance, you receive your permanent resident card.
Not sure if you qualify? Take the free visa evaluation
Item | Cost / Timeline |
|---|---|
Form I-140 filing fee | $715 |
Asylum Program Fee | $600 |
Premium processing (I-907) | $2,805 ($2,965 after March 1, 2026) |
Standard I-140 processing | 8-19 months |
Premium processing decision | 45 business days |
Form I-485 filing fee | $1,440 |
Medical exam (I-693) | $200-$500 |
Attorney fees | $5,000-$15,000+ |
Total gov fees (I-140 + I-485, no premium) | $2,755 |
Visa Bulletin wait (most countries) | 1-2 years after I-140 approval |
Visa Bulletin wait (India) | 10+ years |
Visa Bulletin wait (China) | 3-5+ years |
FY2025 approval rate | Approximately 61% |
Source: USCIS Fee Schedule | Visa Bulletin
Feature | EB-2 NIW | EB-2 with PERM |
|---|---|---|
Self-Petition | Yes | No (employer must sponsor) |
Job Offer Required | No | Yes |
PERM Labor Certification | Waived | Required (takes 6-18 months) |
Employer Sponsorship | Not required | Required throughout process |
Filing Fee (I-140) | $715 + $600 | $715 + $600 |
PERM Filing Cost | N/A | $0 (DOL fee) + $5,000-$15,000 attorney/recruitment costs |
Premium Processing | Available (45 business days, $2,805) | Available (15 business days, $2,805) |
Evidence Standard | Dhanasar three-prong test | Job requirements + qualifications match |
Portability | Full (no employer tie) | Limited (tied to sponsoring employer until I-485 180 days pending) |
Total Timeline | 2-4 years (most countries) | 3-6+ years (including PERM) |
Best For | Self-petitioners with national-impact work | Employees with supportive employers |
Learn more about the green card process
On January 15, 2025, USCIS published Policy Alert PA-2025-03, the most significant NIW guidance update since Matter of Dhanasar. Key changes include:
Stricter EB-2 threshold analysis: Officers now explicitly verify EB-2 eligibility before evaluating NIW merits.
Specific endeavor required: The proposed occupation must require at least a bachelor's degree, and the endeavor must be clearly defined.
Entrepreneurship scrutiny: General industry importance does not satisfy the national importance prong.
STEM emphasis: USCIS continues to view STEM-related endeavors favorably.
RFEs reflect new standards: Officers increasingly ask for clarification on the occupation, endeavor, and nexus between qualifications and endeavor.
Source: USCIS Policy Manual
The endeavor must be specific and defined, not a general career goal. "Working in technology" is insufficient; "developing AI-powered diagnostic tools that improve early cancer detection rates in underserved communities" is specific and nationally important.
Generic, template letters that do not address specific Dhanasar prongs weaken petitions significantly. Each letter should come from an independent expert and address the applicant's qualifications and the endeavor's national importance with specific facts.
After the January 2025 policy update, USCIS scrutinizes EB-2 qualification more explicitly. Ensure clear documentation of an advanced degree or exceptional ability before focusing on the NIW arguments.
Claims of national importance must be supported by evidence, not just assertions. Provide industry data, government policy documents, expert testimony, and quantified impact metrics.
I-140 approval does not immediately lead to a green card. Applicants from backlogged countries (India, China) must plan for multi-year waits and consider concurrent filing strategies.
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 I file an EB-2 NIW without an employer?
Yes. The EB-2 NIW is one of the few green card categories that allows self-petition. You file Form I-140 on your own behalf without needing a U.S. employer to sponsor you. This also eliminates the need for PERM labor certification, which can take 6-18 months in the employer-sponsored process.
Can I file an EB-2 NIW without an employer?
How long does the EB-2 NIW process take in 2026?
The I-140 petition takes 8-19 months with standard processing, or 45 business days with premium processing ($2,805). After I-140 approval, you must wait for your priority date to become current per the Visa Bulletin. For most countries, the total timeline is approximately 2-4 years. Indian nationals may wait 10+ years due to severe backlogs.
How long does the EB-2 NIW process take in 2026?
What is the Dhanasar test for EB-2 NIW?
The Dhanasar test, established in Matter of Dhanasar (AAO 2016), is the three-prong framework USCIS uses to evaluate NIW petitions. You must prove: (1) your proposed endeavor has substantial merit and national importance, (2) you are well-positioned to advance the endeavor, and (3) on balance, it is beneficial to the U.S. to waive the job offer and labor certification requirements.
What is the Dhanasar test for EB-2 NIW?
What is the EB-2 NIW approval rate?
The EB-2 NIW approval rate was approximately 61% in FY2025 (year-to-date USCIS data). The rate has declined in recent years due to increased petition volume and heightened USCIS scrutiny, particularly after the January 2025 policy update. Well-prepared petitions with clearly defined endeavors, strong evidence, and independent recommendation letters continue to achieve high approval rates.
What is the EB-2 NIW approval rate?
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