Business Immigration · EB-2 NIW
EB‑2 National Interest Waiver petitions argued prong by prong under Dhanasar
The National Interest Waiver lets a professional with an advanced degree or exceptional ability skip the job offer and the PERM labor certification and file for a green card on their own. Whether you get the waiver depends on the three-prong test in Matter of Dhanasar. We write each prong as its own argument, backed by evidence an officer can check, rather than as a general description of your work.
What our NIW service covers
- A written eligibility review covering EB-2 status and all three Dhanasar prongs.
- A proposed-endeavor statement that is specific, measurable and tied to national importance.
- Letter strategy and drafting support for independent recommenders.
- The petition letter, exhibits and Form I-140, with or without premium processing.
- RFE responses within scope, and coordination of the I-485 or consular stage.
Step one: qualify for EB-2
You first need EB-2 status under 8 CFR 204.5(k)), through either route:
- Advanced degree: a U.S. master's degree or higher (or a foreign equivalent), or a bachelor's degree plus five years of progressive experience in the specialty.
- Exceptional ability in the sciences, arts or business, shown by at least three of six types of evidence in 204.5(k)(3)(ii)(3)(ii)): a degree related to the field, ten years of full-time experience, a license, a salary showing exceptional ability, professional memberships, or recognition from peers, government or professional bodies.
Step two: the three Dhanasar prongs
Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), lets USCIS grant the waiver when:
- Your proposed endeavor has substantial merit and national importance. The question is the endeavor's potential impact, not your employer's size. Impact on a field, an industry or a public need counts. Purely local benefit usually does not.
- You are well positioned to advance it. Education, skills, a record of success, a plan, progress so far, and interest from investors, customers, users or government bodies.
- On balance, waiving the job offer and labor certification would benefit the United States. Examples are urgency, the impracticality of labor certification for self-employed founders, and benefits that go beyond what a single employer would gain.
Most NIW RFEs and denials target prong one (the endeavor is described too vaguely) or prong two (the record shows past work but no credible path forward). We draft the endeavor statement first and build the evidence around it.
Government fees
| Item | Fee |
|---|---|
| Form I-140 | $715 (paper) / $665 (online) |
| Asylum Program Fee, self-petitioner | $300 (small employer or self-petitioner) |
| Premium processing, optional | $2,965 |
| Form I-485, per applicant 14+ (if adjusting) | $1,440 (paper) / $1,390 (online) |
Government fees as of Oct. 24, 2026, from USCIS Form G-1055, edition 10/16/26. Confirm before filing.
Premium processing for NIW runs on a longer clock than for most classifications under 8 CFR 106.4. We confirm every fee on the live G-1055 at filing. For regular processing, see the USCIS processing-times tool. We give one timeline, from the official tool, rather than conflicting estimates.
Priority dates and the Visa Bulletin
An approved NIW gives you a priority date (the I-140 filing date). You can file the I-485 or finish consular processing only when that date is current for EB-2 and your country of birth in the Visa Bulletin. EB-2 can be backlogged, especially for some countries, so an approved I-140 may be followed by a wait. We check the current chart at intake and plan around it, including whether a parallel EB-1A makes sense.
Step by step
- Eligibility review and endeavor definition.
- Evidence and letter plan for each prong.
- Petition letter and exhibits.
- I-140 filing, with premium processing if useful.
- RFE response, if any.
- I-485 or consular processing when the priority date is current.
If USCIS is slow or denies the NIW
An NIW denial can be addressed by motion, an AAO appeal, refiling, or an APA lawsuit where the officer misread Dhanasar or ignored evidence. See I-140 denial options and APA suit vs. refiling. For an I-140 or I-485 that sits without a decision, see USCIS delay lawsuits.
Who handles your case
Immigration filings are prepared and signed by a licensed U.S. immigration attorney who works with DC Federal Litigation PLLC. Consultations are available in English, Spanish, French and Arabic. If an agency delays or denies your case and federal court is the right next step, DC Federal Litigation PLLC handles the litigation.
DC Federal Litigation PLLC works from its Washington, DC office on the strategy and on any federal-court action. If the agency sits on your case or denies it on grounds the regulation does not support, the litigation stays with the firm. You are told in writing, before any work begins, who does what on your matter and how the fee is shared.
Frequently asked questions
Do I need a job offer for an NIW?
No. The waiver removes both the job offer and the PERM labor certification, so you can petition for yourself. You still have to show you are well positioned to advance your proposed endeavor in the U.S. Founders and independent researchers often file this way.
Is NIW easier than EB-1A?
The standard is different rather than lower in every respect. NIW asks about the national importance of your future work and your ability to carry it out, while EB-1A asks whether you are already at the very top of your field. Many people who are not yet EB-1A candidates have a strong NIW case. NIW sits on the EB-2 chart of the Visa Bulletin, which may mean a longer wait.
What counts as national importance?
Dhanasar looks at the endeavor's potential prospective impact, such as broad effects on a field, an industry, public health, education or the economy. Benefit to a single employer or its local clients is usually not enough. A specific, measurable endeavor statement is the most important document in an NIW case.
Can a startup founder use the NIW?
Yes, and Dhanasar notes that labor certification can be impractical for self-employed founders. The evidence usually includes the business plan, traction, funding, customer or government interest, and the founder's record. Formation and investment documents matter as well.
How long does an NIW take?
It depends on USCIS processing and on the Visa Bulletin. We do not quote estimates. We link you to the USCIS processing-times tool and the current Visa Bulletin, and we can file with premium processing for the I-140 stage.
Can my spouse and children come with me?
Yes. Your spouse and unmarried children under 21 are derivatives. They file their own I-485s or immigrant visa applications once your priority date is current.
What if my NIW is denied?
Compare the decision with the Dhanasar prongs and your exhibits. A motion, an AAO appeal, an APA suit or a stronger refile may fit, depending on whether the problem is legal error or a gap in evidence. Deadlines run from the decision date.
Test your endeavor against Dhanasar before you file
Book a paid consultation. We review your record before the call and send a written prong-by-prong assessment afterward. If you engage the firm within 30 days, your consultation fee is credited in full toward your initial retainer.