Section A. What Is the EB2 National Interest Waiver?

The EB2 National Interest Waiver is an immigration provision within the employment-based second preference immigrant visa category.

Under INA 203(b)(2)(B)(i), USCIS may waive the requirement for a permanent job offer and the associated labor certification where granting the waiver would be in the national interest of the United States.

Most employer-sponsored EB2 applications require a US employer to offer permanent employment and obtain certification from the Department of Labor through the Program Electronic Review Management (PERM) process.

PERM generally requires the employer to demonstrate that there are insufficient able, willing, qualified and available US workers for the offered position and that employing the foreign national will not adversely affect the wages and working conditions of similarly employed US workers.

The NIW removes the job offer and labor certification requirements for eligible applicants. It does not remove the underlying EB2 eligibility requirements or the need to establish that granting the waiver serves the national interest.

Applicants can submit Form I-140, Immigrant Petition for Alien Worker, directly to USCIS without an employer petitioner.

The category can be particularly relevant to researchers, scientists, healthcare professionals, engineers, technology specialists, entrepreneurs and individuals whose work involves multiple organizations, independent projects or activities that do not fit the traditional employer-sponsored immigration model.

However, there is no automatic NIW entitlement for particular occupations or industries. An applicant working in artificial intelligence, biotechnology, public health or another field identified as important to the United States must still demonstrate the significance of their specific proposed endeavor.

USCIS assesses each petition individually, based on the applicant’s eligibility and the evidence provided.

Section B. Who Qualifies for EB2 NIW?

Applicants must first establish eligibility for the EB2 immigrant visa classification before USCIS considers whether a national interest waiver should be granted.

There are two principal routes to EB2 eligibility: qualification as a member of the professions holding an advanced degree or qualification as an individual of exceptional ability in the sciences, arts or business.

Applicants need to satisfy one of these routes, not both.

Advanced Degree Professionals

An applicant may qualify for EB2 classification through an advanced degree, generally a US master’s degree or higher, or a recognized foreign equivalent.

A US bachelor’s degree or foreign equivalent followed by at least five years of progressive post-baccalaureate experience in the specialty may also satisfy the advanced-degree requirement.

Progressive experience involves increasing responsibility, knowledge or expertise within the relevant field. Five years of employment following graduation will not necessarily qualify where the experience does not meet the regulatory standard.

Where a doctoral degree is customarily required by the specialty, the applicant must hold a qualifying US doctorate or foreign equivalent. The bachelor’s degree plus five years of progressive experience route does not replace that requirement.

Applicants relying on the advanced-degree route should provide academic records, relevant degree evaluations where necessary and detailed employment evidence demonstrating the required progressive experience.

USCIS also considers whether the occupation associated with the proposed endeavor qualifies as a profession.

Holding an advanced degree does not automatically establish eligibility where the proposed work is unrelated to a qualifying professional occupation.

For example, an applicant with a master’s degree in engineering proposing to undertake advanced engineering research may have a clear basis for establishing the required relationship. An applicant with the same degree proposing to establish a general retail business would need to explain how the proposed endeavor relates to a qualifying profession requiring the relevant academic qualifications.

Exceptional Ability

Applicants who do not qualify through an advanced degree may establish EB2 eligibility by demonstrating exceptional ability in the sciences, arts or business.

Under 8 CFR 204.5(k)(2), exceptional ability means a degree of expertise significantly above that ordinarily encountered in the field.

Applicants must generally provide evidence satisfying at least three of the six regulatory criteria:

• Academic records relating to the area of exceptional ability.
• Evidence of at least ten years of full-time experience in the occupation.
• A professional license or certification.
• Evidence of remuneration demonstrating exceptional ability.
• Membership in professional associations.
• Recognition for achievements and significant contributions by peers, government entities or professional organizations.

Where the listed criteria do not readily apply to the applicant’s occupation, comparable evidence may be accepted under the applicable regulations.

Meeting three criteria does not automatically establish exceptional ability.

Satisfying at least three regulatory criteria establishes the initial evidentiary threshold, but does not automatically demonstrate exceptional ability. USCIS also evaluates the evidence as a whole to determine whether the applicant has established expertise significantly above the level ordinarily encountered in the field.

The exceptional ability must also relate to the proposed endeavor.

For example, an applicant with exceptional achievements in finance who proposes to undertake an unrelated technology project cannot rely solely on their previous professional reputation. They must establish the relevant connection between their demonstrated expertise and the work proposed in the United States.

Meeting the EB2 Requirements Is Not Enough

Qualifying for EB2 classification establishes eligibility for the underlying immigrant visa category. It does not establish eligibility for the national interest waiver.

Applicants must separately demonstrate that the proposed endeavor satisfies the three requirements established in Matter of Dhanasar.

USCIS may determine that an applicant qualifies as an advanced-degree professional or individual of exceptional ability but nevertheless deny the NIW because the evidence does not establish national importance or another requirement of the waiver.

Applicants should therefore assess their EB2 classification eligibility and the merits of the proposed national interest waiver as separate legal questions.

Section C. The Matter of Dhanasar Three-Prong Test

The legal framework for most EB2 national interest waiver petitions was established in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

The decision replaced the previous standard established in Matter of New York State Department of Transportation and introduced a three-part test for assessing whether the job offer and labor certification requirements should be waived.

Applicants must establish all three requirements by a preponderance of the evidence. USCIS evaluates the evidence as a whole, but strong evidence addressing one requirement does not compensate for failure to establish another.

1. Substantial Merit and National Importance

The first requirement concerns the value and prospective significance of the proposed endeavor.

Substantial merit may be established in fields including science, technology, business, healthcare, education, culture and the arts.

The proposed work does not need to demonstrate immediate commercial profitability. Scientific research, cultural activities and public health initiatives may have substantial merit even where their value cannot be measured primarily through financial returns.

National importance requires a separate assessment.

USCIS examines the prospective impact of the proposed endeavor, including its potential implications for the field, industry, economy or public welfare.

National importance does not require the endeavor to operate nationwide. A project concentrated within a particular state or region may qualify where its prospective effects are sufficiently significant.

For example, a business creating substantial employment in an economically disadvantaged area may demonstrate national importance through its economic contribution, even if its operations remain geographically concentrated.

Similarly, research undertaken at one university may qualify where the findings have wider implications for medical treatment, scientific development or an important industry.

However, working in an industry that serves a national priority does not automatically make an individual’s proposed endeavor nationally important.

USCIS considers the specific work the applicant intends to undertake and the evidence supporting its prospective effects.

Relevant evidence may include government policy documents, research findings, industry analysis, independent expert assessments, economic data and records demonstrating the potential significance of the proposed work.

2. Well Positioned to Advance the Proposed Endeavor

The second requirement concerns the applicant’s ability to undertake the proposed work.

USCIS considers the applicant’s education, skills, knowledge, previous achievements, relevant experience and progress toward advancing the endeavor.

Evidence of successful projects, published research, patents, funding awards, commercial contracts and recognized professional achievements can support this requirement.

USCIS may also consider whether the applicant has secured resources, established professional relationships or taken practical steps toward implementation.

For example, a researcher may provide evidence of published findings, citations, previous grant funding and ongoing collaborations with US institutions.

An entrepreneur may provide evidence of product development, commercial agreements, investment, customer demand and established business operations.

Applicants do not need to demonstrate that the proposed endeavor is guaranteed to succeed. However, they must provide credible evidence that they are well positioned to advance it.

Qualifications or achievements unrelated to the proposed work may carry limited weight unless the applicant explains their relevance.

3. On Balance, Beneficial to Waive the Job Offer and Labor Certification

The third requirement asks whether, on balance, the United States would benefit from waiving the usual job offer and labor certification requirements.

USCIS weighs the benefits of granting the waiver against the interests normally protected through employer sponsorship and labor certification.

Relevant considerations may include the nature of the proposed endeavor, the applicant’s qualifications, the importance of their contributions and whether the national interest would benefit from permitting the work to proceed without the usual employment sponsorship requirements.

In some cases, the applicant’s work may be difficult to accommodate within a permanent job offer from a single employer. Independent researchers, entrepreneurs and professionals working across multiple institutions may be able to demonstrate that the traditional employment model is unsuitable for their proposed activities.

Other applicants may demonstrate that the United States would benefit from their contributions even where a conventional job offer could potentially be obtained.

There is no universal requirement to prove that PERM would be impossible or that no qualified US workers are available.

The applicant must explain why granting the waiver would benefit the United States in the circumstances of their particular case.

Evidence should address the anticipated national benefit rather than relying solely on personal career preferences or the convenience of avoiding employer sponsorship.

Section D. EB2 NIW Evidence Requirements

EB2 NIW petitions are assessed on the evidence submitted to establish eligibility for the underlying EB2 classification and the national interest waiver.

USCIS does not operate a points-based NIW system. There is also no fixed number of publications, citations, patents or recommendation letters that guarantees approval.

The evidence must establish the relevant legal requirements and demonstrate how the applicant’s proposed work is likely to produce the claimed benefits.

Defining the Proposed Endeavor

The proposed endeavor is the foundation of the NIW petition.

Applicants should explain precisely what they intend to do in the United States, the problem their work addresses, the methods they intend to use and the prospective impact.

USCIS distinguishes between an individual’s occupation and their proposed endeavor.

For example, describing an applicant as a software engineer does not establish the nature or national importance of their proposed work.

A more specific endeavor might involve developing cybersecurity systems to protect healthcare infrastructure, improving industrial automation processes or creating technologies that reduce energy consumption in manufacturing.

The description should be supported by evidence showing why the proposed activities are credible and how they relate to the applicant’s experience and capabilities.

Applicants should avoid proposing outcomes that are unsupported by existing resources, technical progress or realistic implementation arrangements.

Evidence of National Importance

Evidence supporting national importance should address the prospective effects of the specific endeavor.

Government policy documents and industry reports can help establish the importance of a problem or sector, but applicants must explain how their proposed work contributes to addressing that problem.

A petition relying on government statements about artificial intelligence, for example, should demonstrate more than the fact that artificial intelligence is a national priority.

The applicant should explain what their particular project will achieve and why the anticipated results have sufficient significance.

Relevant evidence may include independent market research, technical studies, government reports, economic forecasts, research collaborations and documentation demonstrating wider interest in the proposed work.

Where projected economic benefits are relied upon, applicants should explain the assumptions and evidence supporting the figures.

Evidence of the Applicant’s Ability

Evidence supporting the second Dhanasar requirement should connect previous achievements to the proposed endeavor.

Academic qualifications, professional experience and industry recognition can be relevant, but applicants should demonstrate how these establish their ability to undertake the proposed work.

Researchers may rely on peer-reviewed publications, citations, patents, grant awards and documented contributions to significant projects.

Entrepreneurs may provide financial records, investment commitments, customer contracts, product development evidence and documentation of previous commercial achievements.

Professionals may use evidence of implemented projects, measurable operational improvements, professional recognition and significant contributions to their field.

The quality and relevance of the evidence are generally more important than the number of documents submitted.

Recommendation Letters and Independent Evidence

Letters from recognized experts can provide useful evidence of the applicant’s achievements and the significance of the proposed work.

The strongest letters explain the author’s expertise, their knowledge of the applicant’s work and the factual basis for their assessment.

Independent experts may be particularly helpful where they can explain how the applicant’s contributions have influenced research, industry practices or other work beyond the applicant’s immediate organization.

However, letters containing general praise or repeating the applicant’s personal statement may have limited evidentiary value.

Claims concerning research impact, commercial success or professional achievements should be supported by objective documentation wherever possible.

USCIS evaluates recommendation letters alongside the wider evidence rather than treating endorsements as substitutes for proof of eligibility.

Presenting the Evidence

The petition should distinguish the evidence establishing EB2 eligibility from the evidence supporting the national interest waiver.

Within the NIW case, applicants should explain how the supporting documents address each Dhanasar requirement.

Evidence may be relevant to more than one requirement, but its significance should be explained rather than left for USCIS to infer.

The petition should also identify any material weaknesses, particularly where the proposed endeavor remains at an early stage or its benefits are prospective.

Unsupported projections, inconsistent descriptions of the proposed work or claims extending beyond the applicant’s demonstrated capabilities can undermine an otherwise credible petition.

Section E. How to Apply for EB2 NIW

The EB2 National Interest Waiver application begins with Form I-140, Immigrant Petition for Alien Worker.

NIW applicants may self-petition, meaning the application does not require a US employer to act as the petitioner.

The petition must establish eligibility for the EB2 category and demonstrate that the national interest waiver requirements have been satisfied.

Applicants must establish eligibility for both the underlying EB2 classification and the national interest waiver at the time Form I-140 is filed.

Evidence submitted after filing may help establish eligibility that already existed on the filing date. However, applicants cannot ordinarily rely on achievements or circumstances arising later to establish eligibility for the first time.

This is particularly relevant to early-stage research and entrepreneurial petitions. Applicants should not assume that funding, commercial contracts or professional qualifications obtained after filing will remedy an application that did not establish eligibility when submitted.

Preparing Form I-140

Applicants must complete the current USCIS-approved edition of Form I-140, select the appropriate EB2 National Interest Waiver classification and provide the required supporting documentation.

Relevant evidence generally includes academic and employment records, documentation supporting exceptional ability where applicable, a detailed description of the proposed endeavor and evidence addressing the three Dhanasar requirements.

Foreign-language documents must be accompanied by complete English translations and the required translator certification.

Applicants should also ensure that the petition accurately identifies the person filing, the beneficiary and the immigration classification requested.

USCIS may reject petitions submitted using an unacceptable form edition, without the required signature or with incorrect filing fees.

The current form edition, filing instructions and filing addresses should be checked directly through the USCIS Form I-140 webpage before submission.

Filing Form I-140

NIW petitions must be submitted in accordance with the USCIS filing instructions applicable to Form I-140.

The correct filing address may depend on whether the applicant is filing Form I-140 alone, submitting Form I-907 for premium processing or concurrently filing Form I-485.

Applicants should not assume that the filing address used for a previous immigration petition remains valid.

Each filing must include the applicable government fees and supporting documents.

Individual NIW self-petitioners should complete the petitioner information in Part 1 of Form I-140 accurately, including the questions concerning nonprofit status and the number of full-time equivalent employees.

USCIS uses this information to determine the applicable Asylum Program Fee. Individual self-petitioners generally qualify for the reduced $300 fee, but must complete the relevant questions correctly.

Incorrect responses, missing information or payment of the wrong fee can result in rejection, even where the applicant otherwise qualifies for EB2 NIW classification.

Applicants should also follow the current USCIS payment instructions. For paper filings, the applicable electronic payment authorization requirements must be satisfied unless an exception applies.

USCIS issues a receipt notice after accepting the petition. The receipt number can be used to monitor the case through the USCIS online case status service.

Requests for Evidence and USCIS Decisions

USCIS may issue a Request for Evidence (RFE) where the submitted documentation does not establish eligibility or further information is required.

An RFE may concern the underlying EB2 classification, the definition of the proposed endeavor, national importance or the applicant’s ability to advance the proposed work.

USCIS may also issue a Notice of Intent to Deny where the evidence raises concerns that could result in refusal.

Applicants must respond within the deadline specified in the notice.

If USCIS approves Form I-140, the applicant may proceed toward permanent residence when an immigrant visa is available and the relevant adjustment of status or consular processing requirements are met.

Approval of Form I-140 does not itself grant lawful permanent residence.

EB2 NIW Priority Date

For an NIW petition that does not require labor certification, the priority date is generally the date USCIS properly receives Form I-140.

The priority date establishes the applicant’s place in the immigrant visa queue.

Whether the applicant can proceed with adjustment of status or immigrant visa issuance depends on visa availability under the applicable EB2 category and country of chargeability.

Applicants should monitor the Department of State Visa Bulletin and, where filing Form I-485 in the United States, the chart designated by USCIS for employment-based adjustment applications in the relevant month.

Section F. EB2 NIW Processing Times and Fees

EB2 NIW processing times vary according to USCIS workload, the circumstances of the petition and whether premium processing has been requested.

Standard processing does not operate to a guaranteed decision deadline. Applicants should consult the current USCIS processing times information for Form I-140 in the relevant classification.

The time required for USCIS to decide Form I-140 should be distinguished from the overall period needed to obtain permanent residence.

Even after petition approval, the applicant may face additional processing and waiting periods because of immigrant visa availability, adjustment of status adjudication or consular processing.

EB2 NIW Premium Processing

Premium processing is available for EB2 NIW Form I-140 petitions through Form I-907, Request for Premium Processing Service.

From March 1, 2026, the premium processing fee is $2,965.

USCIS must take qualifying adjudicative action within 45 business days of the applicable premium processing start date.

Qualifying action may include approval, denial, an RFE, a Notice of Intent to Deny or another action recognized under the premium processing rules.

Premium processing does not guarantee approval or a final decision within 45 business days.

If USCIS issues an RFE or Notice of Intent to Deny, the premium processing clock stops. A new processing period generally begins when USCIS receives the response.

Premium processing applies only to the eligible Form I-140 petition. It does not accelerate immigrant visa availability, Form I-485 adjudication or consular processing.

Applicants should therefore assess whether faster I-140 adjudication would materially affect their immigration plans before paying the additional fee.

EB2 NIW Filing Fees

The standard USCIS filing fee for Form I-140 is $715.

Individual NIW self-petitioners generally pay an additional $300 Asylum Program Fee, resulting in a combined Form I-140 filing cost of $1,015.

Where premium processing is requested, the additional $2,965 fee brings the total to $3,980 for an individual NIW self-petitioner, before any separate adjustment of status, consular processing or other applicable charges.

Different Asylum Program Fee amounts may apply where a qualifying organization files the petition. The standard amount for regular organizational petitioners is $600, while qualifying nonprofit organizations are exempt.

The following table sets out the principal government filing fees for an individual EB2 NIW self-petitioner.

USCIS provides reduced filing fees for certain immigration forms submitted online. However, online filing is not available for every form or immigration classification.

Applicants should not assume that the general online filing discount applies to EB2 NIW Form I-140 petitions. The available filing methods and applicable fee must be confirmed through the current USCIS Form I-140 instructions and fee schedule.

Individual self-petitioners should also ensure that the applicable questions in Part 1 of Form I-140 are completed correctly. USCIS uses the petitioner’s responses concerning nonprofit status and employee numbers to determine the appropriate Asylum Program Fee.

Payment of the wrong fee, including an incorrect Asylum Program Fee, can result in rejection of the petition.

Fees for Form I-485, employment authorization, advance parole, immigrant visa processing and medical examinations are separate.

Applicants should verify the current USCIS fee schedule and the applicable Form I-140 payment requirements immediately before filing.

Section G. EB2 NIW for Entrepreneurs and Startups

The EB2 National Interest Waiver can provide an immigration option for entrepreneurs whose proposed business activities would benefit the United States and who do not have a conventional permanent employer sponsor.

Entrepreneurs must satisfy the same underlying EB2 eligibility requirements and the three Dhanasar requirements applicable to other NIW applicants.

Establishing a US company, investing personal funds or proposing to create jobs does not automatically establish national importance.

USCIS examines the proposed venture, its prospective impact and the applicant’s ability to implement the business plans presented.

Defining the Entrepreneur’s Proposed Endeavor

Entrepreneurs should describe the specific business activities they intend to undertake and the contribution those activities are expected to make.

For example, a founder developing technology for advanced manufacturing should explain the product, its intended applications, the market it addresses and how its use may affect productivity, competitiveness or other matters of national significance.

A general proposal to establish a profitable consulting business or create employment will not necessarily establish national importance.

Where economic effects are relied upon, the applicant should provide credible estimates supported by market analysis, financial data, contracts or other relevant evidence.

Evidence Supporting Entrepreneur NIW Petitions

Evidence may include business formation records, investment commitments, customer contracts, product development documents, intellectual property records, commercial partnerships and financial statements.

USCIS may consider previous entrepreneurial achievements and whether the applicant has demonstrated an ability to develop and operate comparable businesses.

For early-stage ventures, relevant evidence may include completed prototypes, pilot programs, research collaborations, letters of intent from prospective customers and documented progress toward regulatory approvals.

Applicants should distinguish confirmed commercial arrangements from projections or expressions of interest.

For example, a signed customer contract or completed commercial trial generally provides stronger evidence of market demand than an unsupported forecast of future sales.

Business Plans and Financial Projections

A business plan can help establish how the entrepreneur intends to advance the proposed endeavor.

Relevant information may include the product or service, target market, operational arrangements, development milestones, funding requirements, staffing plans and anticipated financial performance.

Where the proposed work depends on regulatory approval, manufacturing capacity or specialist personnel, the business plan should address how those requirements will be met.

Financial projections should be supported by reasonable assumptions and available evidence.

Applicants should not present speculative revenue or job creation figures as established outcomes.

The business plan is supporting evidence rather than a substitute for demonstrating the underlying legal requirements.

Entrepreneurs Without Established US Operations

An entrepreneur does not necessarily need an established US business or substantial existing revenue to qualify for an NIW.

However, the absence of operating history may increase the importance of evidence demonstrating the applicant’s previous achievements, technical capability, financial resources and progress toward implementing the proposed endeavor.

USCIS will examine whether the applicant is well positioned to advance the proposed business rather than relying solely on the commercial potential of the idea.

Applicants should also establish how the proposed activity will benefit the United States. Where intellectual property, development teams or principal operations are based overseas, the petition should explain the role of the proposed US activities and their anticipated contribution.

Changes to the Business After NIW Approval

NIW approval is not tied to a particular employer, but it is based on the proposed endeavor described in the petition.

Before permanent residence is granted, significant changes to the venture may require reassessment of whether the approved petition continues to reflect the applicant’s intended work.

For example, changes to a product development strategy may remain consistent with the original endeavor, while abandoning the proposed technology business to pursue an unrelated commercial activity could raise questions about the continuing basis of the NIW.

Entrepreneurs should retain evidence demonstrating how the business develops and how changes remain connected to the proposed endeavor supporting the petition.

Section H. EB2 NIW for Researchers and Professionals

Researchers and highly qualified professionals are among the applicants who may benefit from the EB2 National Interest Waiver.

The category can accommodate work undertaken through universities, research institutions, private companies, independent projects and collaborations involving multiple organizations.

However, academic qualifications, publications or professional recognition do not independently establish national interest waiver eligibility.

USCIS assesses the applicant’s specific proposed endeavor and the evidence supporting its prospective significance.

Researchers and Scientists

Researchers may seek NIW classification where their proposed work has substantial merit and national importance, and their previous achievements establish that they are well positioned to advance it.

Relevant evidence may include peer-reviewed publications, citation records, patents, research funding, independent expert opinions and documentation of significant contributions to previous projects.

Applicants should explain how their work may influence scientific development, technological advancement, public health or other areas of national significance.

Publication in a respected journal does not automatically establish national importance. The petition should explain the significance of the research and its relevance to the proposed endeavor.

Evidence that other researchers, businesses or institutions have used or built upon the applicant’s work may help establish the importance of their previous contributions.

Technology, Engineering and Industry Professionals

Professionals working in technology, engineering, manufacturing, cybersecurity, energy and related fields may qualify where the evidence establishes the required national interest.

USCIS does not approve NIW petitions solely because an applicant works in a strategically important industry.

The proposed endeavor must be identified and supported by evidence demonstrating its prospective impact.

For example, an engineer proposing to develop manufacturing systems that address significant supply chain vulnerabilities may be able to establish national importance through evidence of the problem, the proposed technology and its potential implications.

An applicant whose proposed work is limited to performing ordinary professional duties for a single employer may face greater difficulty demonstrating national importance without evidence of broader prospective effects.

Healthcare and Public Health Professionals

Healthcare professionals may qualify for the general NIW where their proposed work satisfies the applicable Dhanasar requirements.

Relevant endeavors may include medical research, health technology development, public health initiatives and projects addressing significant healthcare needs.

Evidence should establish the prospective impact of the specific work rather than relying solely on the general importance of healthcare services.

Physicians seeking an NIW based on qualifying clinical service in underserved areas or Veterans Affairs facilities may instead be eligible under the separate statutory physician NIW provisions discussed in the following section.

Section I. EB2 NIW for Physicians

Physicians may qualify for a national interest waiver under a separate statutory provision intended to improve access to medical services in underserved areas and qualifying Veterans Affairs facilities.

The physician NIW provisions are established under INA 203(b)(2)(B)(ii) and 8 CFR 204.12. They impose specific eligibility, evidence and clinical service requirements that differ from the general national interest waiver framework under Matter of Dhanasar.

Physicians seeking a waiver based on qualifying clinical service must satisfy these requirements in addition to establishing eligibility for the underlying EB2 immigrant classification.

Physicians whose proposed work involves medical research, healthcare innovation or public health initiatives may also be eligible to apply under the general Dhanasar framework, depending on the nature of their proposed endeavor.

Physician NIW Eligibility Requirements

To qualify for a physician NIW, an applicant must agree to undertake qualifying full-time clinical practice in an eligible location or facility.

The statutory physician NIW provisions apply to qualifying doctors of medicine and doctors of osteopathy.

Qualifying employment may involve clinical practice in a geographical area designated by the Department of Health and Human Services as having a shortage of healthcare professionals or at a healthcare facility under the jurisdiction of the Department of Veterans Affairs.

The physician must generally commit to an aggregate of five years of qualifying full-time clinical service, subject to the applicable regulatory provisions.

Full-time clinical practice means at least 40 hours per week.

Both primary care physicians and specialists may qualify. However, specialist physicians working in designated shortage areas must demonstrate that their specialty falls within the scope of the applicable designation.

The physician must also obtain a public interest determination from an eligible federal agency or state department of public health confirming that the proposed clinical work is in the public interest.

Working in an underserved location does not, by itself, satisfy the physician NIW requirements. The applicant must establish the eligibility of the location, the qualifying nature of the clinical work and compliance with the applicable documentary requirements.

Physician NIW Supporting Documents

A physician NIW petition must include evidence establishing the applicant’s EB2 eligibility and compliance with the specific physician waiver requirements.

Where the physician will be employed by a healthcare organization, supporting evidence generally includes the relevant employment contract or a qualifying commitment letter from a Veterans Affairs facility.

Physicians intending to establish their own practice must provide a sworn statement committing to the required clinical service and explaining the steps taken or proposed to establish the practice.

The petition must also establish that the intended practice location qualifies under the applicable shortage designation or Veterans Affairs requirements.

A supporting letter from an eligible federal agency or state public health department must confirm that the physician’s work is or will be in the public interest.

USCIS guidance distinguishes between proposed future employment and qualifying work that has already commenced or been completed.

For prospective employment, the relevant contracts and public interest letters generally must be dated within the six months immediately preceding the petition filing date.

Under the USCIS policy clarification issued in August 2023, the six-month document dating requirement does not apply in the same way to qualifying clinical service that the physician has already commenced or completed before filing.

Physicians relying on previous qualifying employment should provide records establishing the nature, location, dates and extent of the clinical service undertaken.

The Five-Year Clinical Service Requirement

The physician NIW generally requires an aggregate of five years of qualifying full-time clinical service.

The applicable regulations also impose a period within which the required service must be completed.

The regulations also contain provisions for physicians subject to an earlier three-year qualifying service requirement. The applicable service period, commencement date and documentary obligations must be established from the physician’s individual immigration history.

Where the physician already has authorization to undertake the qualifying employment, the five-year service requirement generally must be completed within the six-year period beginning on the date of approval of the Form I-140 petition.

Where the physician must first obtain the necessary employment authorization, the six-year period generally begins when USCIS issues that authorization.

Separate provisions apply to certain physicians who previously held J1 exchange visitor status and obtained a waiver of the two-year foreign residence requirement.

Time spent working in J1 status does not count toward the physician NIW clinical service requirement.

However, qualifying service undertaken after the relevant J1 waiver and change of status may count toward both the physician NIW requirement and the separate clinical service obligation associated with the J1 waiver, provided the employment satisfies the requirements of both programs.

Physicians should maintain detailed records of their clinical practice, including employment dates, working hours, practice locations and evidence that the services were provided in qualifying facilities or designated areas.

Failure to complete the required service can prevent approval of permanent residence, even where USCIS has already approved the underlying NIW petition.

Changing Employers or Practice Locations

Physicians may change employers or establish their own medical practices while pursuing permanent residence through a physician NIW, provided they continue to satisfy the applicable requirements.

However, a change in employment or practice arrangements is not automatically covered by the original petition.

Under 8 CFR 204.12(f), physicians changing employers or becoming self-employed generally must obtain approval of a new Form I-140 petition based on the new qualifying employment arrangements.

The new employment must continue to involve qualifying clinical service in an eligible shortage area or Veterans Affairs facility.

Where the physician has an approved petition and a pending adjustment of status application, the new petition may be associated with the pending adjustment application under the applicable USCIS procedures.

Physicians may retain the priority date of the previously approved immigrant petition where the relevant requirements are met.

Approval of a new physician NIW petition does not restart the original six-year period for completing the five years of qualifying clinical service. Time spent between qualifying positions may also affect the amount of service credited toward the requirement.

The general employment portability provisions under INA 204(j) do not apply to physician NIW petitions in the same way as they apply to qualifying employer-sponsored immigrant petitions.

Additional restrictions may apply where the physician is also subject to unfulfilled service obligations arising from a J1 foreign residence waiver.

Physicians should therefore assess the effect of any proposed change in employer, specialty or location before implementing the change.

Physician NIW Adjustment of Status

Physicians may be eligible to file Form I-485 before completing the full clinical service requirement where an immigrant visa is available and the applicable adjustment requirements are satisfied.

However, USCIS generally cannot approve the adjustment application until the physician has completed the required qualifying clinical service and submitted the prescribed evidence.

Physician NIW applicants must provide documentary evidence of their qualifying clinical service at the intervals prescribed by USCIS. For physicians subject to the five-year requirement, preliminary evidence demonstrating at least 12 months of qualifying employment generally must be submitted no later than 120 days after the second anniversary of Form I-140 approval.

Final evidence demonstrating completion of the required clinical service must generally be submitted within 120 days after the service requirement is completed. The documentation must satisfy the applicable regulatory requirements, including evidence of the physician’s qualifying employment and periods of clinical practice.

The ability to file an adjustment application should not therefore be confused with eligibility for final approval of permanent residence.

Physicians should also consider the relationship between their employment authorization, the location and nature of their clinical practice and any outstanding service obligations.

The physician NIW regulations also contain specific provisions concerning employment authorization and maintenance of nonimmigrant status during a pending adjustment application. Applicants should assess those provisions alongside their existing immigration classification and the requirement to continue qualifying clinical service.

Where a physician changes employment before completing the service requirement, the immigration implications may extend beyond the NIW petition to their nonimmigrant status, adjustment application and any J1 waiver obligations.

Section J. Common Reasons for EB2 NIW Denial

USCIS may deny an EB2 National Interest Waiver petition where the applicant does not establish eligibility for the underlying EB2 classification or fails to satisfy any of the three Dhanasar requirements.

An applicant may have substantial professional experience, advanced qualifications or recognized achievements but still fail to establish eligibility for the requested waiver.

NIW petitions are assessed against specific legal requirements. The evidence must establish how the applicant’s qualifications, proposed endeavor and anticipated contributions satisfy those requirements.

Insufficient Evidence of EB2 Eligibility

Applicants must establish their eligibility for the underlying EB2 classification before USCIS can approve a national interest waiver.

For advanced-degree professionals, problems may arise where the degree does not meet the applicable requirements, progressive experience is inadequately documented or the proposed occupation does not qualify under the advanced-degree provisions.

For exceptional ability applicants, meeting three regulatory evidentiary criteria does not automatically establish the required level of expertise.

USCIS must be satisfied that the totality of the evidence demonstrates expertise significantly above that ordinarily encountered in the field.

Applicants relying on exceptional ability must also establish the required relationship between their demonstrated expertise and the proposed endeavor.

A Vague or Insufficiently Defined Proposed Endeavor

USCIS must be able to identify the work the applicant intends to undertake and assess its prospective significance.

General statements about improving technology, advancing scientific research or contributing to the economy may not provide sufficient information to establish national importance.

The petition should explain the nature of the proposed activities, the objectives, the intended methods and the anticipated effects.

Where the proposed endeavor involves a commercial venture, the supporting evidence should establish how the business intends to carry out the proposed activities.

An applicant describing a proposed business only in terms of future growth or profitability may fail to establish why the endeavor has national importance.

Confusing Industry Importance With National Importance

One recurring weakness in NIW petitions is reliance on the general importance of the applicant’s industry.

Government recognition of artificial intelligence, biotechnology, cybersecurity or another sector as strategically important may provide relevant context.

However, it does not establish that every project or professional activity within that sector qualifies as nationally important.

Applicants must demonstrate the prospective significance of their own proposed endeavor.

Evidence should address the anticipated effects of the specific work rather than relying exclusively on broad policy statements, market forecasts or descriptions of industry demand.

An applicant may work in a nationally important field without undertaking an endeavor that independently satisfies the national importance requirement.

Weak Evidence of the Applicant’s Ability

Applicants may fail to establish that they are well positioned to advance the proposed endeavor where their supporting evidence does not connect previous achievements to the work they intend to undertake.

Academic qualifications, professional experience and recommendation letters may demonstrate general competence without establishing the applicant’s ability to advance the particular endeavor.

For researchers, a publication record may be relevant, but USCIS will consider how the previous research and professional achievements support the proposed work.

For entrepreneurs, evidence of previous commercial activity may assist, but the petition should establish how the applicant intends to obtain the resources, expertise and operating arrangements needed for the proposed venture.

Applicants are not required to guarantee success. However, unsupported claims of future achievements may carry limited evidentiary weight.

Failure to Establish the Balancing Requirement

Some petitions address the importance of the proposed work and the applicant’s qualifications but provide insufficient explanation of why the United States would benefit from waiving the job offer and labor certification requirements.

The third Dhanasar requirement must be established independently.

Applicants should explain why their anticipated contribution and the circumstances of their proposed work justify granting the waiver.

The absence of a permanent job offer, the applicant’s preference for independent employment or the administrative burden of PERM does not, by itself, establish eligibility.

Equally, applicants do not have to demonstrate that obtaining labor certification would be impossible.

The evidence must support the conclusion that granting the waiver would, on balance, benefit the United States.

Unsupported Claims and Inconsistent Evidence

NIW petitions can also be weakened by discrepancies between the proposed endeavor, supporting documents and the applicant’s previous professional activities.

Examples include unsupported revenue projections, unverified claims of professional recognition, inconsistent business plans or recommendation letters attributing achievements to the applicant without corroborating evidence.

Applicants should ensure that material claims are accurate, consistent and supported by reliable documentation.

USCIS may issue a Request for Evidence or Notice of Intent to Deny where further evidence or clarification is required.

However, USCIS is not required to issue an RFE in every case. A petition may be denied where the submitted evidence fails to establish eligibility under the applicable standards.

What Happens After an EB2 NIW Denial?

Where USCIS denies an NIW petition, the written decision generally identifies the grounds for refusal.

Depending on the circumstances, the applicant may be able to file Form I-290B to request reopening or reconsideration, or pursue an administrative appeal where available.

An applicant may also consider submitting a new Form I-140 petition addressing the deficiencies identified in the previous decision.

The available options depend on the grounds for denial, the evidence available and the applicant’s wider immigration circumstances.

A new NIW petition generally receives a new priority date. Priority date retention may be available where the applicant has a previously approved qualifying immigrant petition, subject to the applicable restrictions. A denied petition does not, by itself, establish eligibility to retain its priority date.

Where an adjustment of status application depends on the denied I-140 petition, the denial may also affect the adjustment application.

Applicants should assess the effect of refusal on their existing immigration status and any pending applications before deciding whether to challenge the decision or submit a new petition.

Section K. EB2 NIW Green Card Process

Approval of an EB2 NIW petition establishes eligibility for the approved immigrant classification. It does not automatically grant permanent residence.

To obtain a Green Card, the applicant must complete adjustment of status in the United States or immigrant visa processing through a US embassy or consulate abroad.

The availability of an immigrant visa depends on the EB2 category, the applicant’s priority date and their country of chargeability.

Applicants must also satisfy the separate requirements governing adjustment of status or immigrant visa issuance, including the applicable admissibility provisions.

EB2 NIW Visa Bulletin and Priority Dates

The Department of State publishes a monthly Visa Bulletin identifying immigrant visa availability across the employment-based preference categories.

For an NIW petition that does not require labor certification, the priority date is generally the date USCIS properly receives Form I-140.

The priority date determines the applicant’s place in the immigrant visa queue.

Demand for EB2 immigrant visas can result in substantial waiting periods, particularly for applicants chargeable to countries with high levels of employment-based immigration demand.

Priority dates may advance or retrogress from month to month.

Applicants should therefore not assume that approval of Form I-140 means an immigrant visa will be immediately available.

Visa availability should be assessed when planning the timing of adjustment of status, consular processing and any steps needed to maintain lawful immigration status in the United States.

Concurrent Filing of Form I-140 and Form I-485

Certain applicants already in the United States may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with Form I-140.

Concurrent filing is available where an immigrant visa is available for filing under the Visa Bulletin chart designated by USCIS for the relevant month and the applicant independently satisfies the adjustment of status requirements.

USCIS determines each month whether employment-based adjustment applicants may use the Dates for Filing chart or must use the Final Action Dates chart.

Applicants should consult the USCIS adjustment filing guidance before submitting Form I-485.

Eligibility to file an adjustment application does not necessarily mean that an immigrant visa is available for final approval. Final adjudication remains subject to visa availability under the applicable requirements.

Lawful nonimmigrant status alone does not establish adjustment eligibility.

Other requirements and restrictions may apply, including those concerning prior immigration violations, unauthorized employment and admissibility.

Some employment-based applicants may benefit from the limited statutory exceptions under INA 245(k), depending on their immigration history.

Applicants should assess adjustment eligibility independently from the merits of their NIW petition.

Employment Authorization During Adjustment of Status

Eligible applicants with a pending Form I-485 may apply for employment authorization using Form I-765.

Filing Form I-765 does not itself authorize employment.

Applicants must obtain the relevant Employment Authorization Document before relying on that authorization, unless they already have another valid basis for working in the United States.

Approval of Form I-140 does not provide independent employment authorization.

Applicants who remain in a valid employment-authorized nonimmigrant classification may be able to continue working under that classification while their adjustment application is pending, subject to the applicable conditions.

Applicants should also distinguish a pending adjustment application from continued nonimmigrant status. Filing Form I-485 does not automatically extend an underlying nonimmigrant classification.

Where employment authorization is needed to support ongoing business activities or professional commitments, applicants should account for the time required to obtain the relevant authorization.

International Travel While Adjustment Is Pending

Applicants with a pending Form I-485 should assess the immigration consequences before traveling outside the United States.

Departure without advance parole may result in abandonment of the adjustment application unless an applicable exception applies.

Certain applicants maintaining qualifying H or L nonimmigrant status may be able to travel and return without advance parole under the relevant regulations.

Applicants seeking advance parole generally file Form I-131 and must obtain the required authorization before relying on it for travel.

An advance parole document does not guarantee admission to the United States. CBP determines whether the individual may be paroled into the country.

Applicants should also consider whether international travel could affect an existing nonimmigrant classification or a pending request to extend or change status.

Consular Processing

Applicants outside the United States, or those who are not eligible to adjust status, may pursue permanent residence through immigrant visa processing at a US embassy or consulate.

Following approval of Form I-140 and when the case is eligible to proceed, the National Visa Center generally manages the collection of required fees, forms and civil documents before arranging the case for consular interview.

The applicant must satisfy the relevant immigrant visa requirements, including medical examination and admissibility requirements.

USCIS approval of the NIW petition does not guarantee immigrant visa issuance.

The timing of consular processing depends on visa availability, document processing, interview arrangements and the circumstances of the application.

NIW Petitions and Existing Nonimmigrant Status

Filing an NIW petition does not automatically terminate an applicant’s existing nonimmigrant status.

However, an approved or pending Form I-140 does not extend authorized stay or provide independent permission to work.

Applicants who need to remain in the United States while awaiting visa availability should assess whether they can maintain an appropriate immigration status or otherwise remain lawfully in the country.

Those holding classifications that require nonimmigrant intent, including F1 student status, should consider how an immigrant petition may affect future visa applications, international travel and admission to the United States.

H1B and L1 classifications permit dual intent, although applicants must continue to satisfy the requirements for maintaining or extending those classifications.

For individuals whose existing immigration status will expire before an immigrant visa becomes available, the NIW process may not provide an immediate solution to remaining or working in the United States.

Applicants should assess the likely permanent residence timeline against their existing immigration position before filing.

Family Members of EB2 NIW Applicants

The spouse and qualifying unmarried children under 21 of a principal EB2 NIW applicant may generally seek permanent residence as derivative beneficiaries.

Family members must independently satisfy the relevant immigration requirements, including admissibility and visa availability.

Derivative beneficiaries in the United States may be eligible to apply for adjustment of status where the applicable requirements are met.

Family members abroad may pursue immigrant visa processing through a US consulate.

The Child Status Protection Act may provide protection against aging out for certain children, but eligibility depends on the statutory calculation and the family’s circumstances.

Applicants with children approaching 21 should assess the applicable age calculation and visa availability requirements rather than assuming that filing Form I-140 protects derivative eligibility indefinitely.

Section L. Advantages and Limitations of EB2 NIW

The EB2 National Interest Waiver offers greater flexibility than traditional employer-sponsored permanent residence applications. However, applicants must assess the benefits against the evidence required, visa availability and the implications for their existing immigration status.

Advantages of EB2 NIW

No employer sponsorship requirement. Eligible applicants may file their own Form I-140 petition without relying on a US employer to sponsor permanent residence. The route can therefore accommodate professionals who are not seeking a conventional permanent position with one employer.

No PERM labor certification. The waiver removes the need to complete the Department of Labor recruitment and certification process normally required for many employer-sponsored EB2 applications. Applicants avoid the associated recruitment procedures, employer sponsorship requirements and labor certification processing period.

Flexibility for independent work. The category may accommodate entrepreneurs, independent researchers and professionals whose proposed endeavors involve collaboration with multiple organizations or activities that do not fit a single permanent job offer.

Premium processing availability. Applicants may request faster USCIS action on Form I-140. However, premium processing does not accelerate immigrant visa availability, adjustment of status adjudication or consular processing.

Potential concurrent adjustment filing. Eligible applicants in the United States may be able to file Form I-485 alongside Form I-140 where an immigrant visa is available for filing and the relevant adjustment requirements are satisfied.

Limitations of EB2 NIW

Separate eligibility requirements. Applicants must establish both underlying EB2 eligibility and all three Dhanasar requirements. Advanced qualifications, professional recognition or employment in an important industry do not automatically establish eligibility for the waiver.

Substantial evidence requirements. USCIS requires credible evidence supporting the proposed endeavor, its prospective importance and the applicant’s ability to advance it. Early-stage ventures and projects with limited operating history may face particular evidentiary challenges.

Immigration status is not protected by filing. An NIW petition does not automatically grant lawful immigration status, employment authorization or permission to remain in the United States while awaiting permanent residence.

Visa availability can delay permanent residence. Applicants may face significant waiting periods after I-140 approval because of EB2 visa demand and priority date movement. Premium processing does not resolve these delays.

The proposed endeavor remains relevant. Although the NIW is not tied to a particular employer, the petition is approved on the basis of the applicant’s stated proposed endeavor. Significant changes before permanent residence is granted may raise questions about continued eligibility.

After becoming a lawful permanent resident, an individual is not generally restricted to a particular employer or job solely because permanent residence was obtained through an NIW.

However, the petition must have been based on a genuine intention to pursue the proposed endeavor. Evidence that an applicant misrepresented their intentions or eligibility during the immigration process may have subsequent immigration consequences.

Need Assistance With EB2 NIW?

EB2 National Interest Waiver applications require applicants to establish eligibility for the underlying EB2 classification and demonstrate that their proposed endeavor satisfies the applicable national interest requirements.

The evidence must address the specific legal requirements rather than relying solely on professional qualifications, achievements or the importance of the applicant’s industry.

NNU Immigration advises professionals, researchers, entrepreneurs and other qualifying applicants on US employment-based immigration and permanent residence options.

Our US immigration attorneys can assess EB2 NIW eligibility, advise on the proposed endeavor, identify evidentiary weaknesses and assist with preparing Form I-140 petitions and supporting documentation.

We also advise applicants on immigration status, visa availability, adjustment of status and consular processing considerations that may affect their ability to obtain permanent residence.

Contact NNU Immigration for advice on EB2 NIW eligibility and the Green Card application process.

EB2 NIW FAQs

What is the EB2 National Interest Waiver?

The EB2 National Interest Waiver allows qualifying applicants to request a waiver of the permanent job offer and PERM labor certification requirements normally associated with employer-sponsored EB2 permanent residence applications. Eligible applicants may self-petition by filing Form I-140.

Who qualifies for EB2 NIW?

Applicants must qualify for EB2 through an advanced degree or exceptional ability in the sciences, arts or business. They must also satisfy all three requirements under Matter of Dhanasar, establishing the substantial merit and national importance of their proposed endeavor, their ability to advance it and the benefit of waiving the job offer and labor certification requirements.

Can I apply for EB2 NIW without a job offer?

Yes. The NIW permits eligible applicants to self-petition without a permanent job offer or employer sponsor. However, they must establish the required EB2 qualifications and demonstrate that granting the waiver would benefit the United States.

Does EB2 NIW require a master’s degree?

No. Applicants may qualify through an advanced degree, a bachelor’s degree followed by at least five years of qualifying progressive post-baccalaureate experience, or exceptional ability in the sciences, arts or business. Each route has separate evidentiary requirements. Where a doctorate is customarily required by the specialty, the applicable doctoral-degree requirement must also be satisfied.

What is the Matter of Dhanasar test?

Matter of Dhanasar established the three-part test used for most EB2 NIW applications. Applicants must demonstrate that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance it and that waiving the job offer and labor certification requirements would, on balance, benefit the United States.

Does EB2 NIW require publications or citations?

No. USCIS does not impose a minimum number of publications or citations for EB2 NIW eligibility. Research publications and citation records may provide useful evidence for certain applicants, but eligibility depends on the nature of the proposed endeavor and the totality of the supporting evidence.

Can entrepreneurs apply for EB2 NIW?

Yes. Entrepreneurs may qualify where they satisfy the underlying EB2 requirements and establish that their proposed business activities meet the Dhanasar test. Establishing a company or proposing to create jobs does not automatically establish national importance.

Can physicians apply for EB2 NIW?

Yes. Physicians may qualify under the general Dhanasar framework or, where eligible, under the separate statutory physician NIW provisions. The physician route generally requires five years of qualifying full-time clinical service in an eligible underserved area or Veterans Affairs facility, together with the required public interest determination.

How long does EB2 NIW processing take?

Standard Form I-140 processing times vary according to USCIS workload and the circumstances of the petition. Premium processing provides qualifying USCIS action within 45 business days. The overall Green Card timeline also depends on immigrant visa availability and adjustment of status or consular processing.

How much does EB2 NIW cost?

The standard Form I-140 paper filing fee is $715. Individual self-petitioners generally pay an additional $300 Asylum Program Fee, bringing the combined paper filing total to $1,015. Optional premium processing costs $2,965. Separate fees apply to adjustment of status, consular processing and other associated applications. Applicants should confirm the current USCIS filing fees and available filing methods before submitting their petition.

Is premium processing available for EB2 NIW?

Yes. Eligible applicants may request premium processing using Form I-907. USCIS must take qualifying adjudicative action within 45 business days. Premium processing does not guarantee approval or a final decision within that period and does not accelerate immigrant visa availability.

Can I apply for EB2 NIW while on an F1 visa?

Yes. An individual in F1 status may file an EB2 NIW petition. However, an immigrant petition can affect future visa applications or admission where nonimmigrant intent is required. Filing Form I-140 does not automatically extend F1 status or provide employment authorization.

Can I apply for EB2 NIW while on an H1B or L1 visa?

Yes. Applicants in H1B or L1 status may pursue an EB2 NIW petition. These classifications permit dual intent, although the applicant must continue to comply with the applicable conditions of their nonimmigrant status while awaiting permanent residence.

Can I file Form I-140 and Form I-485 together?

Concurrent filing may be available where an immigrant visa is available for filing under the Visa Bulletin chart designated by USCIS for the relevant month and the applicant independently qualifies for adjustment of status. Applicants should check the current USCIS filing chart before submitting Form I-485.

Can I work while my EB2 NIW application is pending?

Filing Form I-140 does not authorize employment. Applicants may work where they hold valid employment authorization under another immigration classification or receive an Employment Authorization Document through a separate qualifying application, such as a pending adjustment of status application.

Can I travel while my EB2 NIW petition is pending?

Travel depends on the applicant’s existing immigration status and whether an adjustment of status application has been filed. A pending Form I-140 does not itself prevent international travel, but immigrant intent may affect admission in certain nonimmigrant classifications. Applicants with a pending Form I-485 must also consider the advance parole requirements and applicable exceptions.

Does EB2 NIW approval mean I have a Green Card?

No. Approval of Form I-140 establishes eligibility for the approved immigrant classification. The applicant must still obtain permanent residence through adjustment of status or consular processing when an immigrant visa is available and all applicable requirements are satisfied.

Can I change employers after EB2 NIW approval?

NIW petitions are not tied to a particular employer. However, applicants who have not yet obtained permanent residence should continue to intend to pursue the proposed endeavor supporting the approved petition. Significant changes may require an assessment of continued eligibility.

Can my spouse and children apply for Green Cards?

A qualifying spouse and unmarried children under 21 may generally apply for immigrant visas or adjustment of status as derivative beneficiaries, subject to visa availability and individual eligibility. The Child Status Protection Act may provide protection against aging out in certain circumstances.

What happens if my EB2 NIW petition is denied?

USCIS will generally issue a written decision explaining the grounds for denial. Depending on the circumstances, applicants may seek reopening, reconsideration or administrative appeal, or submit a new petition addressing the identified deficiencies. Applicants should also assess the effect of denial on their immigration status and any pending adjustment application.

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