What Is an EB-2 NIW Visa?

The EB-2 visa is an employment-based immigration category for individuals who either hold an advanced degree or demonstrate exceptional ability in their field. Applicants whose work benefits the national interest of the United States may request a National Interest Waiver (NIW) as part of their EB-2 petition. Successfully obtaining an EB-2 NIW allows the applicant to become a lawful permanent resident of the U.S.

Unlike standard EB-2 petitions, which require a job offer and labor certification (PERM), the NIW permits applicants to self-petition by filing Form I-140, Immigrant Petition for Alien Worker, without first securing employment or labor certification.

This guide outlines EB-2 NIW eligibility requirements, costs, processing times, and supporting evidence.

How Much Does the EB-2 NIW Cost?

Form I-140 filing fee: $715
Premium processing (optional): $2,805

After I-140 approval, costs depend on the applicant’s location:

In the U.S.: File Form I-485 (Adjustment of Status) with a $1,140 fee, plus $200–$400 for the required medical exam.
Outside the U.S.: Apply via consular processing, with a $345 visa application fee.

Additional expenses may include credential evaluations, translations, and professional support.

How Long Does It Take to Get an EB-2 NIW?

Form I-140 processing time: 10.5–26.5 months (varies by service center).

After approval, applicants must monitor the Visa Bulletin to determine green card availability. Once a visa becomes available:

Adjustment of Status (in the U.S.): Processing can exceed 2 years depending on USCIS office.
Consular Processing (abroad): Typically 4–6 months.

For current processing times and case tracking, see the USCIS processing times tool and case status tracker.

EB-2 NIW Eligibility Requirements

To qualify for an NIW, applicants must satisfy three main criteria:

Substantial merit and national importance
The proposed endeavor must offer meaningful impact in fields such as education, healthcare, science, technology, business, or entrepreneurship. The contribution does not need to have nationwide geographic scope—regional impact, such as job creation in economically distressed areas, can qualify.
Well-positioned to execute the endeavor
The applicant must demonstrate the ability to advance the project, which may include credentials, skills, experience, or a detailed plan. The project does not need to be fully established; however, existing infrastructure or prior success can strengthen the case.
National interest in waiving the job offer and PERM requirements
USCIS evaluates whether bypassing labor certification benefits the U.S. more than requiring a conventional job offer would.

Note: “On balance” means the advantages of granting the waiver outweigh those of following standard PERM procedures.

Advanced Degree or Exceptional Ability

Applicants must also demonstrate either:

Advanced degree: At least a U.S. master’s or equivalent, or a bachelor’s plus 5 years of progressive post-baccalaureate experience.
Exceptional ability: Expertise significantly above the ordinary level in science, arts, or business.

Tip: Confirm degree equivalence using credential evaluation services like World Education Services or Education Credential Evaluators.

Evidence for EB-2 NIW

Applicants must compile evidence supporting both the NIW criteria and their EB-2 qualification.

Evidence for NIW Criteria

To show the three NIW criteria, consider including:

Education credentials and certifications
Skills and experience relevant to the endeavor
Track record of accomplishments, awards, patents, or publications
Project plans or proposals detailing how goals will be achieved
Letters of support from recognized experts
Demonstrated impact through media coverage, citations, or stakeholder interest

For entrepreneurs, additional evidence may include:

Start-up capital
Contracts or letters of intent
Proof of market traction or partnerships

The goal is to create a narrative linking your background, skills, and work to national interest.

Evidence for Advanced Degree

Diploma and transcripts showing a master’s degree or higher
Or a bachelor’s degree plus letters from employers confirming 5 years of progressive experience

Evidence for Exceptional Ability

Applicants must provide at least three of the following, though more strengthens the case:

Academic records (certificates, diplomas, or degrees)
Proof of payment for services demonstrating expertise
Professional licenses or certifications
Membership in relevant professional associations
Letters documenting 10+ years of work experience
Peer or official acknowledgment of contributions
Any other relevant evidence demonstrating exceptional ability

All supporting documents should accompany Form I-140.

Background: Legal Framework

Matter of NYSDOT (1998): Established a three-pronged test for NIW evaluation:
1. Substantial intrinsic merit
2. National in scope
3. PERM certification impact
Matter of Dhanasar (2016): Refined the framework by:
- Removing “intrinsic” and “national in scope” phrasing to avoid confusion
- Clarifying that the waiver should override PERM requirements without duplicating evidence

Other Employment-Based Visa Options

EB-1: Extraordinary ability or outstanding professors/researchers
EB-2: Advanced degree or exceptional ability (with optional NIW)
EB-3: Skilled workers or professionals
EB-4: Special immigrants
EB-5: Immigrant investors
E-2: Temporary investor visa

These alternatives may be relevant depending on the applicant’s profile and career trajectory.

How to Apply for an EB-2 NIW Visa

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