EB-2 NIW requirements explained

What is an EB-2 National Interest Waiver?

An EB-2 National Interest Waiver (NIW) is a path to a U.S. green card for professionals with an advanced degree or exceptional ability. Normally, an EB-2 case needs an employer's job offer and a labor certification. The NIW waives both when U.S. Citizenship and Immigration Services (USCIS) finds the waiver is in the national interest.

Because there is no job offer, the person can file the petition on their own behalf. The form is Form I-140, Immigrant Petition for Alien Worker. The petition still includes the employee-specific portions of a labor certification form, without approval from the U.S. Department of Labor.

USCIS decides NIW petitions in 2 steps. The guidance comes from the USCIS Policy Manual, Volume 6, Part F, Chapter 5, updated by Policy Alert PA-2025-03 on January 15, 2025.

1. Does the person qualify for the EB-2 classification?
2. If so, is a waiver of the job offer in the national interest, under the 3 prongs of Matter of Dhanasar?

If the answer to step 1 is no, USCIS can deny the petition without reaching step 2. That order is why this guide starts with EB-2 eligibility.

Who qualifies for EB-2 in the first place?

The EB-2 classification covers members of the professions who hold an advanced degree, and people of exceptional ability in the sciences, arts or business. An advanced degree is a degree above a bachelor's. A bachelor's degree plus 5 years of progressive experience in the specialty counts as its equivalent.

PA-2025-03 adds 3 details that matter for NIW cases.

• The occupation must be a profession. USCIS looks at the occupation behind the endeavor, not only the person's degree. The Policy Manual's example: a person with an engineering Ph.D. who plans to open a bakery may have difficulty, because a baker does not typically need a bachelor's degree.
• The experience must be in the specialty. The 5 years come after the bachelor's degree and relate to it. The Policy Manual's example: a chemistry degree followed by 5 years as a restaurant manager does not equal a master's in chemistry.
• Exceptional ability must relate to the endeavor. The person meets at least 3 of the 6 regulatory criteria. USCIS then makes a final merits review of all the evidence. The area of ability must connect directly to the proposed endeavor.

What are the three Dhanasar prongs?

Matter of Dhanasar, a 2016 decision of the Administrative Appeals Office, set the test USCIS uses for the waiver. The proposed endeavor needs substantial merit and national importance. The person needs to be well positioned to advance it. And, on balance, waiving the job offer and labor certification needs to benefit the United States.

The petitioner carries the burden of proof on each prong, by a preponderance of the evidence. USCIS decides every petition case by case, and the waiver is discretionary.

Our article on Matter of Dhanasar and the three NIW prongs (opens in a new tab) explains the decision itself and the facts of the original case.

What does the first prong look for?

The first prong asks whether the proposed endeavor has both substantial merit and national importance. An endeavor is more specific than an occupation. USCIS asks for the specific work the person will do, described so that an average person can understand it, with the endeavor's potential impact laid out plainly.

The Policy Manual uses Dhanasar's own facts. The occupation was engineer. The endeavor was research and development on air and space propulsion systems, plus teaching aerospace engineering. A strong description names the projects, the goals and how the work will be carried out. Our article on how to describe your proposed endeavor shows how to write this part.

Substantial merit can come from business, entrepreneurship, science, technology, culture, health or education. It does not need an immediate economic payoff.

National importance is the harder half. USCIS looks at the endeavor's potential prospective impact, not its job title or geographic reach. The Policy Manual gives examples of claims that do not show national importance on their own:

• Classroom teaching without broader implications for a field or region
• Working in an occupation with a national shortage
• Benefits to a specific employer, even a large one
• General claims that business owners create jobs

It also gives examples that can work. A drug developer can point to public health benefits, not only company profits. A technology developer can show wide interest in adoption or licensing. Read more in what national importance means for an NIW.

What does well positioned mean?

The second prong is about the person, not the endeavor. USCIS considers education, skills and record of success, a detailed plan the person developed, progress made so far, and interest from potential customers, users or investors. The person does not have to prove the endeavor will succeed. Unsupported claims, however, do not meet the burden.

The Policy Manual lists types of evidence that may help. It says the list is not a checklist, and no single item is required or sufficient.

• Degrees, licenses, patents or published work
• Evidence the person's work has influenced the field or is used by others
• A plan for continuing the work in the United States
• Letters from potential customers, users or investors
• Documentation of feasible plans for financial support
• Investment from U.S. investors, appropriate to the endeavor
• Contracts, agreements or licenses
• Letters, awards or grants from government agencies

Two lines in the guidance matter for anyone preparing a plan. Letters persuade most when they come from experts with first-hand knowledge and are backed by other evidence. And business plans, while useful in explaining the person's objectives, should be supported by other independent evidence.

What does the third prong weigh?

The third prong asks whether, on balance, waiving the job offer and labor certification would benefit the United States. The labor certification exists to protect U.S. workers. USCIS weighs that protection against what the person offers. The factors come from Dhanasar: practicality, value of the contribution, and urgency.

The factors USCIS describes:

1. Whether a labor certification would be impractical, given the person's qualifications or endeavor
2. Whether the United States would benefit from the person's contributions even if other U.S. workers are available
3. Whether the national interest is urgent enough to skip the labor certification, such as a time-sensitive public health benefit

The Policy Manual adds that potential economic impact and job creation can count here. It also notes that a self-employed entrepreneur, or one whose business creates jobs for U.S. workers, may gain little from a labor certification. A national labor shortage in the person's occupation does not, by itself, satisfy this prong.

Can an entrepreneur qualify for an EB-2 NIW?

Some entrepreneurs do, but not every entrepreneur qualifies. Section D.6 of the Policy Manual says broad claims about economic benefits or job creation will not establish eligibility. A founder's petition has to show, with evidence, how this specific business meets each prong, and how the founder's own background drives it.

The guidance gives examples of weak cases. Opening a consulting firm for people in a nationally important occupation does not show national importance. Neither does citing the importance of a whole industry, such as car dealerships. Work as a bank teller may not show someone is well positioned to run a national banking consultancy.

USCIS describes what strong entrepreneur petitions include. They tie the founder's record of success to a plan, show steps already taken, and show interest from customers, users or investors. USCIS also welcomes evidence on market size and share, job creation and revenue growth. Other relevant evidence includes:

• Ownership and an active, central role in the U.S. company
• Outside investment, or a binding commitment to invest, consistent with industry standards
• Revenue, revenue growth and jobs created in the United States
• Location in an economically depressed area, when jobs created there are significant for that area

USCIS weighs all of it together. Owning a company, for example, rarely establishes eligibility on its own. For how to present specific job numbers in a plan, see the hiring plan and job creation schedule (opens in a new tab). Our article on EB-2 NIW for entrepreneurs and founders covers this in depth.

Do STEM degrees change the analysis?

The test is the same, but the Policy Manual describes a combination of facts it treats as a strong positive factor. That combination is an advanced STEM degree, especially a Ph.D., work in a critical and emerging technology or another STEM area important to U.S. competitiveness, and being well positioned to advance that endeavor.

The benefit is weightier when the endeavor could support national security or economic competitiveness, or when letters from interested U.S. government agencies support the petition. A degree on its own, however, does not show the person is well positioned.

How is an EB-2 NIW filed?

The NIW starts with Form I-140, filed with USCIS as a self-petition. It includes evidence of EB-2 eligibility, evidence for each Dhanasar prong, and the employee-specific portions of a labor certification form. If USCIS approves the I-140, the person moves to the green card stage when a visa number is available.

The green card stage runs one of 2 ways. A person inside the United States may apply to adjust status with USCIS. A person outside goes through consular processing with the U.S. Department of State. Visa availability depends on the person's priority date and country of chargeability, published each month in the Department of State's Visa Bulletin.

USCIS publishes current processing times for the I-140 on its website, and premium processing is available for some I-140 categories. Government processing times are set by the authorities. Our article on EB-2 NIW processing time (opens in a new tab) explains where to find current figures.

A complete first filing matters more than ever. Since August 5, 2026, USCIS policy allows officers to deny a petition without first issuing a Request for Evidence when initial evidence is missing.

What does a business plan do in an NIW petition?

In an NIW petition, a business plan explains the proposed endeavor and the person's plan to advance it. It supports prong 1 by describing the endeavor's impact, and prong 2 by showing a detailed plan the person developed. USCIS guidance adds one condition: the plan should be supported by other independent evidence.

The right format depends on the person. A founder usually needs a plan built around the company: market, operations, hiring and 5-year financials. A researcher or professional working through an employer or independently may need a plan built around their own work and its impact. Our article on what an NIW Business Plan and a Personal Plan each document compares the 2. Your attorney confirms which fits your petition.

For a full map of plan sections and the requirement each one supports, see what goes into an immigration business plan (opens in a new tab).

Where does VisaPlans fit?

VisaPlans prepares the EB-2 NIW Business Plan (opens in a new tab) in 2 formats: a Business Plan for founders and a Personal Plan for professionals. Each draws on 15 years of immigration business plan expertise. Expert-trained AI writes the plan and a human specialist reviews every page. Delivery is within 3 business days of confirmed information. See pricing (opens in a new tab) for what is included.