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EB-2 NATIONAL

INTEREST WAIVER

The eb-2 national interest waiver niw waives the job-offer and PERM requirements of EB-2 when your work matters to the United States: a favorite for STEM researchers, physicians, engineers, and founders. Here’s the whole eb-2 niw journey, in plain English.

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Prongs in the Dhanasar test: substantial merit and national importance, well positioned to advance it, and balance in the country’s favor.

I-140

 One self-petition with the NIW request, no employer needed. Premium processing available.

5-7

Strong recommendation letters, weighted toward independent experts.

Who Qualifies

Built for work that matters.

Three things decide an eb2 niw national interest waiver: the EB-2 baseline, the three-prong test, and the record behind them. These eb2 niw self petition requirements decide it.

The EB-2 baseline

An advanced degree, a bachelor's plus 5 years of progressive experience, or exceptional ability.

The three-prong Dhanasar test

Your endeavor has substantial merit and national importance; you are well positioned to advance it; and on balance the U.S. benefits from waiving the job-offer requirement.

A track record, and a plan

Publications, citations, patents, funding, deployments, and letters from independent experts, plus a concrete plan for the U.S. work.

No job offer required

The waiver removes the job-offer and PERM requirements: researchers, physicians, engineers, and founders control their own petition.

The Process

Five steps. One endeavor.

01

the endeavor

Frame the endeavor: the narrative connecting your work to national interests (health, security, energy, economy) decides these cases.

02

the record

Assemble the record and 5 to 7 strong recommendation letters, weighted toward independent experts.

03

the petition

File Form I-140 as an eb2 national interest waiver self petition, no employer needed. Premium processing available.

04

the priority date

The filing date sets your priority date. EB-2 waits vary by country of birth.

05

the finish

The eb2 national interest waiver green card finishes through I-485 adjustment or consular processing when current. You are never tied to one employer while it pends.

Forms & Fees

Know the paperwork.

I-140

The NIW petition, filed as a self-petition with the waiver request. Premium processing available.

I-485

Adjustment of status, the green card application, filed when your date is current.

Your country of birth sets the wait

EB-2 waits vary by country of birth, and the I-140 filing date sets your priority date. Watch the Visa Bulletin when timing the final step.

The Rules

What you can and cannot do.

What you can do

  • File from inside the U.S. or abroad, on your own petition, while employed anywhere
  • Qualify as a founder; entrepreneurs win NIWs when the venture itself clears the test
  • Run the NIW alongside an employer's PERM case or an EB-1A as a backup
  • File the I-485 concurrently whenever your country's date is current

Cannot

  • Swap endeavors mid-petition; the case is judged on the endeavor you filed
  • Clear the test with a purely local business; national importance needs reach beyond one town or employer
  • Finish the green card while an unwaived J-1 home-residency requirement still applies
  • Buy approval with premium processing; it speeds the answer, not the outcome

Costs

What it costs in 2026.

Most NIW petitions are self-filed, and the fee schedule treats individuals as small employers, so the Asylum Program Fee is halved. Premium processing is available but runs on a slower clock for NIW than for most petitions: 45 days instead of 15. The green card stage is the larger line item, and its price depends on whether you finish inside the U.S. or at a consulate abroad.

Item Fee Notes
Immigrant petition (Form I-140) $715 $665 online; filed as a self-petition, no employer needed
Asylum Program Fee $300 for self-petitioners Individuals count as small employers; $600 when a standard employer files
Premium processing (optional) $2,965 45-day clock for NIW, longer than the 15 days most I-140s get; rate effective March 1, 2026
Adjustment of status (Form I-485) $1,440 per person $950 for a child under 14 filing with a parent
Work and travel permits while the I-485 pends (optional) $260 + $630 I-765 work permit filed with the I-485, and I-131 advance parole
Consular route (DS-260) $345 per person Employment-based immigrant visa fee, paid abroad instead of filing the I-485
Fee amounts reflect published government figures as of August 2026 and change over time; the live links above are always current. Fees apply per person, including children.

FAQ

Questions we hear every week.

No. Officers read numbers in context: what is typical for the field, who is doing the citing, and whether the work changed anything. We have seen modest counts win on strong adoption evidence, and large counts lose without a clear endeavor.

Yes. The evidence simply shifts from publications to the venture: funding raised, customers, jobs created, letters from industry, and a plan showing why the endeavor matters nationally. The waiver was made for people who cannot fit a standard job offer.

Yes, there is a dedicated physician NIW route with its own multi-year service commitment in a shortage area. It follows different rules on the same form, and choosing between it and the standard NIW is a strategy decision worth making early.

The door stays open. The PERM route through an employer remains available, and refiling a stronger NIW after the record grows is common. A denial is a setback in time, not a mark against future filings.

They answer different questions. The NIW argues your work matters to the country; EB-1A argues you personally stand at the top of the field. NIW approval standards are lower but the EB-2 line is often longer. Strong records frequently file both.

Yes. Your spouse and children under 21 file as derivatives at the green card stage, each paying their own I-485 or consular fee, and each receiving permanent residence when you do.

YOUR WORK MATTERS
Our fight.

The case is won in the narrative. Tell us your story: the evaluation is free, and our eb2 national interest waiver lawyer team tells you exactly where your record stands.

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