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EB-2 NIW

Self-petition and work towards a life in the US with a focus that is easily one of the best — the NIW green card.
  • No job offer or employer sponsorship required
  • No labor certification (PERM) required
  • Self-petition - you are in control
  • Lower standard than EB-1A (exceptional vs. extraordinary)
Start Your Journey
The EB-2 is a U.S. green card for individuals with “exceptional ability” (or advanced degrees) whose proposed endeavor has both substantial merit and is of “national importance” to the United States.
Congress included the NIW to enable in taking benefit of the talents and accomplishments of highly skilled foreign nationals, without putting U.S. workers in jeopardy as would be the case in a typical employer-sponsored petition.
If approved, you will also consolidate family advance security for the relevant, and get a chance to grow into a permanent resident.

Top Benefits of the EB2‑NIW

  • Self-Petitioning
No employer or job offer required
  • Fast Processing
Eligible for premium processing (45 days)
  • Less Restrictive
Lower bar than EB-1A (exceptional vs. extraordinary)
  • Wider Applicability
Open to researchers, entrepreneurs, healthcare workers, educators, and more
  • Job Flexibility
Change employers without affecting your petition status
  • Spouse and Children
Spouse and children receive green card benefits

Things to Keep in Mind

  • Longer Processing Timeline
Total process could take longer due to priority date retrogression
  • Labor in Proving Eligibility
They may be more complex to prove the 3-prong Dhanasar test
  • Priority Date Retrogression
Wait times for the final step vary based on country of birth and visa availability
  • Substantial Burden
The bar for exceptional ability or advanced degree with national importance is high
  • Priority Date Dependency
Even if I-140 is approved, you must wait for the priority date to become current before adjusting status
Schedule a Consultation

Eligibility

Discover if you qualify for the EB2-NIW. Explore the evidentiary criteria below.

To qualify, you must meet all 3 of the core requirements and provide at lease 3 of the 6 Criteria for Evidence of Exceptional Ability.

Core Requirements for EB2-NIW

You must either qualify as an individual with “exceptional ability” or as a “member of the professions holding an advanced degree.”

01

Educational Qualification

Hold an advanced degree (Master’s or higher) OR Bachelor’s degree plus 5 years of progressive experience

02

Exceptional Ability OR Advanced Degree Professional

Meet at least 3 out of 6 exceptional ability criteria OR qualify as advanced degree professional

03

The Dhanasar 3-Prong Test

Prove your work benefits the U.S., holds national importance, you’re well-positioned to pursue it, and waiving the job offer serves the national interest.

Six Criteria for Exceptional Ability

To qualify for this immigrant classification, the initial evidence must include at least three of the following six types of evidence listed in the regulations:

01

Advanced Degree

Official academic record showing that you have a degree, diploma, certificate, or similar award from a college, university, school, or other institution of learning relating to your area of exceptional ability

02

Recommendation letters

Letters from current or former employers showing you have at least 10 years of full-time experience in your occupation

03

License to practice

A license to practice your profession or certification for your particular profession or occupation

04

High Salary

Evidence that you have commanded a salary or other remuneration for services that demonstrates exceptional ability

05

Professional Memberships

Evidence of membership in professional associations related to your field

06

Significant Contributions

Evidence of recognition for your achievements and significant contributions to the industry or field by peers, government entities, professional organizations, or business organizations

The 3-Prong Dhanasar Test

Discover if you qualify for the EB2-NIW. Explore the evidentiary criteria below.

Prong 1

Substantial Merit and National Importance

Your proposed endeavor must have both substantial merit (intrinsic value) AND national importance (broad implications beyond regional or local impact).

Examples

  • Improving U.S. economy or wages
  • Improving education for U.S. children
  • Improving healthcare outcomes
  • Addressing climate change or environmental protection
  • Advancing U.S. competitiveness in critical technology

Prong 2

Well Positioned to Advance the Endeavor

You must show you have the education, skills, knowledge, track record, and resources to advance your proposed endeavor.

Evidence may include

  • Degrees, certifications, and licenses
  • Publications, citations, and patents
  • Funding, grants, or investment secured
  • Letters of recommendation from experts
  • Prior success in related work
  • Strategic plan for the proposed endeavor

Prong 3

On Balance, It Benefits the U.S. to Waive Requirements

You must show that the United States would benefit from waiving the job offer and labor certification requirements for you.

Consider

  • The urgency of your proposed endeavor
  • Whether U.S. workers are available to carry out the endeavor
  • The potential loss to the U.S. if you cannot proceed with the endeavor
  • Whether the national interest would be served despite the protections of labor certification
  • The impracticality of obtaining a job offer or labor certification

Next Steps

A mere reading of the Matter of Dhanasar, in our experience, usually leaves people with more questions since, more than likely, your profile does not look like Dr. Dhanasar’s. If you have questions regarding this EB-2 NIW process, you can schedule a call with us to get a proper assessment of your profile, have your specific questions answered and have a clear knowledge on what it takes to win.

FAQs

Can I apply without an employer?
Yes. EB-2 NIW also allows self-petitioning and waives the job offer and PERM if your work is in the U.S. national interest and you meet the EB-2 requirements (advanced degree or exceptional ability).
I-140: currently about 10.5–26.5 months with regular processing; premium processing guarantees a decision in up to 45 days. Full green card process: usually around 1.5–4+ years, including I-485 or consular processing and visa-number backlogs, with longer waits for heavily backlogged countries such as India and China.
The bar is lower than EB-1A but still demanding and discretionary. You must first qualify for EB-2 (advanced degree or exceptional ability) and then satisfy the NIW test (substantial merit, national importance, and overall benefit to the U.S. if PERM is waived). Approval odds depend entirely on your record and how well your petition is documented.