EB-2 NIW petitions for people whose work matters to the U.S.
An NIW petition must connect your proposed work, qualifications, and supporting evidence to the legal requirements USCIS applies.
An attorney reads your CV and tells you where it is strong and where it is not.
- Your endeavor is defined, and the petition is drafted by your attorney.
- Upload a CV to start. We handle the drafting.
- We take on a limited number of new matters each month.
Who it's for
Researchers, physicians, engineers, and founders whose work has reach beyond a single employer, and who want the petition built with care rather than assembled.
NIW in brief
What it is. A national interest waiver is a request, made inside the EB-2 category on Form I-140, that USCIS waive the usual job offer and labor certification. People who qualify for EB-2 through an advanced degree or exceptional ability may self-petition.
The test. USCIS may grant a national interest waiver if the petitioner shows (1) the proposed endeavor has substantial merit and national importance, (2) the person is well positioned to advance it, and (3) on balance, waiving the job offer and labor certification would benefit the United States. The waiver is discretionary even when all three are met. (Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).)
Evidence. Examples of evidence people submit include letters, publications or other work product, citations or adoption of the work, funding, contracts, media coverage, and government documents. No single type is required or sufficient by itself.
After approval. An approved I-140 is a classification approval. The green card comes later through adjustment of status (Form I-485) in the U.S., or an immigrant visa at a U.S. consulate, once a visa number is available.
No outcome is guaranteed. USCIS decides each petition on its own record.
Questions
Do I need a job offer or employer sponsor?
No. The NIW waives the job offer and labor certification, and a qualifying person may self-petition. You must show you will continue to pursue the proposed endeavor described in the petition.
Can I get an EB-2 NIW without publications or a PhD?
No regulation sets a required number of publications or citations, and a PhD is not required. The USCIS Policy Manual says its evidence list is not a checklist. Industry and non-academic records are evaluated on their own evidence.
Does EB-2 NIW have premium processing?
Yes. As of Oct. 2, 2026, the USCIS premium processing fee is $2,965, and USCIS commits to take action within 45 business days. An action can be an approval, denial, RFE, or NOID. An RFE or NOID stops the clock, and a new full period starts when USCIS receives the response.
How long does EB-2 NIW take?
As of Oct. 2, 2026, USCIS reported that 80% of NIW I-140s were completed within 30 months at Service Center Operations. Visa availability and I-485 or consular processing add time. Check the USCIS processing times page for current figures.
Is EB-2 NIW current for India?
No. In the October 2026 Visa Bulletin, EB-2 India has a Final Action Date of Nov. 1, 2013 and a Date for Filing of Jan. 15, 2015. We do not forecast movement. Check the current bulletin on travel.state.gov.
Can I apply for NIW from outside the United States?
Yes. A petition can be filed from abroad, and after approval the person goes through consular processing. State Department country-specific restrictions can affect visa issuance, so check travel.state.gov for current notices.
Can an approval rate tell me how my NIW will turn out?
No. USCIS decides each petition on its own record under the Dhanasar framework, the waiver is discretionary, and USCIS may issue an RFE in any case. A firm's advertised approval rate cannot predict your individual result.
Sources: USCIS Policy Manual Vol. 6, Part F, Ch. 5; USCIS processing times; USCIS premium processing; October 2026 Visa Bulletin. Figures as of Oct. 2, 2026.
Who you'll work with
Joseph M. Foto is the attorney at Foto Legal and is licensed to practice law in Louisiana. You can confirm his license through the Louisiana State Bar Association's Find an Attorney page.
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