US Employment-Based Immigration

What is the EB-2 National Interest Waiver?

The EB-2 National Interest Waiver (NIW) is one of the most flexible US employment-based immigration pathways. It allows highly skilled professionals with advanced degrees or exceptional ability to self-petition for a US green card — without an employer sponsor, job offer, or PERM labor certification.

The NIW framework is based on the landmark 2016 Matter of Dhanasar decision by the USCIS Administrative Appeals Office, which established the modern three-prong test for eligibility.

USCIS grants the National Interest Waiver because your work is so valuable to the United States that it would actually benefit the country to waive the usual requirement for a specific job offer — allowing you the flexibility to continue your work independently.

 Key Advantages of EB-2 NIW
                            
                            No employer sponsorship needed                        

                            No PERM labor certification required                        

                            No specific job offer required                        

                            Work for any employer or be self-employed                        

                            Valid for virtually any professional field                        

                            Extend H-1B beyond 6 years with approved I-140                        

                            H-4 work authorization for spouse                        

                            Lower evidentiary standard than EB-1A

Check Your EB-2 NIW Eligibility

Get a free, expert evaluation of your profile. We'll tell you if you qualify and what your next steps should be.

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Or email us directly:

advice@secondeagle.com

Service Summary

Consultancy Fee $5,500

Upfront (non-refundable) $1,000

On Filing $4,500

USCIS I-140 Fee (client) $1,015

Premium Processing (optional) +$2,805

Free re-filing if petition denied

Eligibility Criteria

The Three-Prong Dhanasar Test

Under the 2016 Matter of Dhanasar framework, USCIS uses three criteria to evaluate NIW petitions. You must satisfy all three.

1

Substantial Merit & National Importance

Your proposed work must have both substantial merit and national importance to the United States. The scope of the work must be national or global — not just local or regional.

Examples of qualifying work: medical research, STEM innovation, policy development, healthcare provision, educational leadership, sustainable technology.

2

Well-Positioned to Advance the Work

You must demonstrate that you are well-positioned to advance your proposed work, based on your education, skills, knowledge, and record of success in advancing the work.

Evidence: publications, citations, awards, patents, grants, leadership roles, expert recommendations, media coverage of your work.

3

Balance of Benefits to National Interest

On balance, it would benefit the United States to waive the job offer requirement. This considers the national importance of the work, your qualifications, and any other relevant factors.

Key factors: urgency of the work, uniqueness of your qualifications, benefit of waiving job market protection vs. national interest.

Base EB-2 Requirement (Step 0)

Before qualifying for the NIW, you must first meet the general EB-2 category requirements by satisfying one of these criteria:

Advanced Degree

Hold a US advanced degree (Master's, MD, JD, PhD), or a foreign equivalent. A Bachelor's degree plus 5 years of progressive work experience can qualify as equivalent to a Master's degree.

Exceptional Ability

Demonstrate exceptional ability in sciences, arts, or business — a degree of expertise significantly above that ordinarily encountered. Requires at least 3 of 6 specific types of evidence.

Our Advisory Process

From Evaluation to I-140 Approval

01

Free Profile Evaluation

Submit your CV, publications, awards, and professional background. Our team evaluates your eligibility and identifies the strongest elements of your case — within 24 hours.

1–2 days

02

Contract & Planning

We sign a formal contract, outline your petition strategy, identify evidence gaps, and create your personalized roadmap for petition preparation.

3–5 days

03

Profile Strengthening

If needed, we guide you on strengthening your profile — publications, peer reviews, recommendation letters — to maximize your chances of approval.

Varies

04

Petition Preparation

We prepare all petition materials: I-140 forms, detailed cover letter, supporting evidence, recommendation letters, and exhibits. Case prep takes approximately 6 weeks.

~6 weeks

05

Filing with USCIS

We guide you through filing the I-140 petition with USCIS, including payment of government fees. We recommend the appropriate service center based on your situation.

1 week

06

Monitoring & Support

We track your case, respond to any USCIS Requests for Evidence (RFEs) at no additional charge, and keep you informed throughout the adjudication period.

6–12 months

Documentation

Required Documents

Building a strong EB-2 NIW petition requires comprehensive evidence across multiple categories. Our advisors will help you identify and organize the strongest documentation for your case.

Education & Credentials

Advanced degree diplomas & transcripts
Degree equivalency evaluation (if applicable)
Professional licenses & certifications
Academic transcripts

Awards & Recognition

Award certificates & announcements
Nationally/internationally recognized prizes
Fellowships & grants received
Honorary memberships

Publications & Research

Published peer-reviewed articles (first pages)
Books & book chapters
Citation reports (Google Scholar, Scopus)
Patents & intellectual property

Peer Review & Judging

Invitation letters as peer reviewer
Journal acknowledgment emails (PDF)
Conference reviewer appointments
Thesis examination/supervisor evidence

Professional Leadership

Employment verification letters
Organizational charts showing senior role
Project reports you led
Evidence of high salary (pay stubs, tax records)

Media & Public Impact

Newspaper/online articles about your work
TV/radio/media coverage
Letters from field experts
Independent expert recommendation letters (3+)

Not sure what documents you have? Let us evaluate your profile first.

Download Document Checklist

Eligibility

Who Can Apply for EB-2 NIW?

The NIW is designed for professionals across virtually all disciplines. Here are some common qualifying profiles.

Scientists & Researchers

Biomedical, chemical, physics, materials science, environmental researchers with publications and citations.

Technology & IT Professionals

Software engineers, data scientists, AI/ML researchers, cybersecurity experts with significant contributions.

Healthcare Professionals

Physicians, surgeons, public health experts, medical researchers working in underserved areas.

Academics & Educators

Professors, university researchers, educators contributing to STEM fields or curriculum development.

Agriculture & Environment

Agricultural scientists, environmental researchers, sustainability experts addressing food security.

Business & Entrepreneurs

Entrepreneurs creating US jobs, business executives with exceptional ability in their sector.

Policy & Governance

Public policy experts, legal scholars, social scientists contributing to governance and justice.

Arts & Design

Artists, architects, designers with nationally recognized work that benefits US cultural interests.

EB-2 National Interest Waiver (NIW)