EB-2 NIW · National Interest Waiver

EB-2 NIW Visa USA for National-Interest Talent

For advanced-degree professionals, founders, researchers and specialists whose work serves the U.S. national interest — a self-petition Green Card pathway.
Green Card pathway
No employer required
No PERM labor certification
30-minute call with a Global Mobility Expert. Commercial consultation only — the U.S. petition is filed by an engaged U.S. immigration attorney.
UK Global Talent Visa IT Dashboard
The Route

What is the EB-2 NIW visa?

The EB-2 NIW is a U.S. employment-based immigrant pathway for professionals who qualify under the EB-2 category and can show their work is in the U.S. national interest. EB-2 usually requires an advanced degree or exceptional ability. The National Interest Waiver lets eligible applicants waive the standard job offer and labor certification requirements — meaning you may self-petition rather than relying on a specific U.S. employer.

Green Card pathway

Leads to U.S. permanent residency if the petition and Green Card application are approved.

No employer required

Self-petition allowed — no specific U.S. employer needed.

No PERM

The National Interest Waiver removes the labor certification requirement.
Official source
USCIS
EB-2 NIW overview
Who Decides

Who decides on your EB-2 NIW case

EB-2 NIW is an immigrant visa route adjudicated by USCIS under a specific legal framework and a landmark precedent decision. Understanding who decides what — and which precedent governs it — helps you build a stronger case.

USCIS

Petition & adjustment

Adjudicates the Form I-140 immigrant petition with NIW request, and Form I-485 (if filed inside the U.S.). Decides whether the proposed endeavor meets the three Dhanasar prongs.

uscis.gov

U.S. Department of State

Consular processing

Handles consular processing if you are outside the U.S. The National Visa Center processes the case after I-140 approval; embassies conduct the immigrant visa interview.

travel.state.gov

AAO

ApAppeals & precedentpeals

The Administrative Appeals Office reviews appeals. Matter of Dhanasar — the precedent establishing the current 3-prong NIW framework — was issued by the AAO in December 2016.

Engaged U.S. attorney

Regulated filing

Provides regulated U.S. immigration advice and files the petition with USCIS. Tech Nomads is not a U.S. law firm — the engaged attorney handles the regulated work.

Legal framework: INA §203(b)(2), NIW under §203(b)(2)(B), regulations at 8 CFR 204.5(k); USCIS guidance in the Policy Manual, Volume 6, Part F, Chapter 5. The current framework was set by Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
Who Decides

Who decides on your EB-1 case

EB-1 is an immigrant visa route, so the process involves multiple U.S. authorities at different stages. Understanding who decides what — and where to verify each step — helps you navigate the route with realistic expectations.

Advanced Degree

Route 1

Qualify through an advanced degree — Master's, PhD, MD or foreign equivalent. A Bachelor's degree plus at least five years of progressive post-bachelor's experience may also be treated as equivalent.

Exceptional Ability

Route 2

Qualify by proving exceptional ability in sciences, arts or business — usually through academic records, professional experience, licenses, high salary, memberships or recognition for significant contributions.

The Core Test

The Dhanasar 3-prong framework

The National Interest Waiver is the core of the EB-2 NIW case. It is not enough to be qualified — your petition must satisfy three prongs established by USCIS under the Matter of Dhanasar precedent.
1

Substantial merit and national importance

Your proposed endeavor must address a meaningful area — technology, healthcare, science, education, business, entrepreneurship, sustainability, public interest or another field of clear value. The case must explain not only what you do, but why it matters beyond one employer or one private project.
2

Well positioned to advance the endeavor

USCIS needs to see that you have the background, skills, track record, resources, achievements or recognition to realistically advance your proposed endeavor in the United States.
3

Waiving the job offer & labor certification benefits the U.S.

Your petition must explain why the United States would benefit from allowing you to move forward without a specific employer sponsorship or labor certification — this is where the national interest argument becomes critical.
All three prongs must be addressed. A strong case for one prong does not compensate for weakness in another.
Primary conversion

Start with a 30-minute EB-2 NIW assessment

A Global Mobility Expert reviews your education, professional background, achievements, proposed endeavor, evidence and national interest argument — to understand whether your case is ready, conditionally ready, or not yet strong enough. The petition itself is filed by an engaged U.S. immigration attorney.

What we review

Advanced degree / exceptional ability
Proposed endeavor
National interest argument
Strongest evidence
Missing documents & risks
Green Card pathway

Possible outcomes

ACCEPT

Ready to prepare

Profile appears ready for EB-2 NIW case preparation.
CONDITIONAL

Strengthen first

Endeavor and evidence viable, but specific gaps need addressing first.
Build & re-assess

Not yet strong enough

National interest argument not strong enough at this stage.
These are Tech Nomads' internal commercial decisions — not USCIS eligibility rulings or U.S. legal advice.
71 Match

Strong advanced-degree NIW profile

Your EB-2 basis is clear and the proposed endeavor shows national importance. The waiver argument and evidence package are the priority to strengthen.
Strong Evidence
Needs Strengthening
Risk Area
EB-2 basis: advanced degree
Strong Evidence
Substantial merit
Strong
National importance
Needs Strengthening
Well positioned to advance
Strong
Waiver benefits the U.S.
Needs Strengthening
Supporting evidence strength
Risk Area
65 Match

Exceptional-ability NIW profile

Exceptional ability is evidenced through experience and recognition. National importance and documentation need a clearer narrative before filing.
Strong Evidence
Needs Strengthening
Risk Area
EB-2 basis: exceptional ability
Strong Evidence
Substantial merit
Strong
National importance
Needs Strengthening
Well positioned to advance
Needs Strengthening
Waiver benefits the U.S.
Needs Strengthening
Supporting evidence strength
Risk Area
Illustrative model — your real assessment is run by a Global Mobility Expert.
Book a Call
The Handover

What happens after your assessment call

After the call, your profile is reviewed internally by the Processing Team. If we proceed, an experienced U.S. immigration attorney is engaged to handle the regulated petition work.
1
Assessment Call
30-minute call with a Global Mobility Expert.
2
Processing Team Review
Internal commercial review.
3
Decision
Shared within 1 working day.
4
Attorney engaged
Attorney engaged here
Deliverables

What Tech Nomads prepares

Tech Nomads provides EB-2 NIW case preparation — from eligibility assessment to evidence strategy, petition document preparation and attorney filing coordination.
Profile & NIW strategy
Advanced degree or exceptional ability review
Proposed endeavor analysis
National interest argument strategy
Eligibility & risk assessment
Evidence gap analysis
Initial petition roadmap
Petition document preparation
Professional profile & career narrative
Evidence documents mapped to NIW requirements
Recommendation letters drafted & structured
Referee briefing support
Education, experience & achievement evidence
Publications, patents, media or project evidence
Complete petition pack for attorney review
Personal Profile Boost Plan
If your profile needs strengthening before filing, we prepare a prioritised action plan — depending on your field, this may include publications, media visibility, expert letters, speaking, memberships, stronger project documentation or clearer evidence of national importance.
Regulated Work

U.S. attorney filing coordination regulated

Tech Nomads is not a U.S. law firm

The Form I-140 EB-2 NIW petition is filed by an experienced U.S. immigration attorney engaged for your case. Tech Nomads prepares and coordinates the materials. U.S. immigration advice and the filing itself are regulated services provided by the attorney.
For each EB-2 NIW case, an experienced U.S. immigration attorney is engaged to:
Review the petition pack prepared by Tech Nomads
Provide regulated U.S. immigration advice on case strategy
Confirm the national interest argument
Prepare and file Form I-140 with USCIS
Respond to any Request for Evidence (RFE)
Coordinate the Green Card stage (I-485 or consular)
Important

Form I-140 approval vs Green Card approval

An approved Form I-140 means USCIS has approved the immigrant petition — it does not always mean the Green Card has been issued. The Green Card stage is separate.

Adjustment of Status

Inside the U.S.

If you are in the U.S. on a valid status, you may be eligible to file Form I-485 to adjust to permanent resident status without leaving the country.

Consular Processing

Outside the U.S.

If you are outside the U.S., the process continues through the U.S. National Visa Center and a consular interview at a U.S. embassy or consulate.

Tech Nomads fees

Choose the level of support you need

Each package below sets out exactly what Tech Nomads does. Attorney fees are charged by the engaged U.S. immigration attorney and are separate from Tech Nomads service fees.
Pro — Petition Preparation
Pricing shared on your assessment call
Eligibility assessment & NIW strategy
Evidence roadmap
Complete petition document pack
Recommendation letters drafted
Attorney filing coordination to I-140 decision
Attorney fees billed separately.
Discuss My Case
Elite — Petition + Green Card
Pricing shared on your assessment call
Everything in Pro, plus:
Full Green Card application coordination
I-485 adjustment or consular processing
Document coordination & interview prep
Family member support
Recommended for the full petition-to-Green-Card pathway.
Discuss My Case
Family add-on
Pricing shared on your assessment call
Derivative applicant document support
Spouse / child under 21
Government fees paid separately.
Add to My Case
Final scope is confirmed after assessment and depends on profile complexity, endeavor scope, evidence strength and family members. USCIS and attorney fees are separate.
Official Costs

USCIS government fees

These fees are paid directly to USCIS. They are not Tech Nomads or attorney service fees and should always be verified before filing.
FEE
AMOUNT
NOTES

Form I-140 (immigrant petition)

$715
Per applicant — paid to USCIS

Premium processing (optional)

$2,805
EB-1A/B/C: 15 business day decision

Form I-485 (Adjustment of Status)

$1,440
Inside U.S.; per applicant, includes biometrics

DS-260 visa processing fee

$325
Outside U.S.; per applicant (NVC)

USCIS Immigrant Fee

$235
Per applicant; after consular approval

Typical EB-1 path inside U.S.

$2,155
I-140 ($715) + I-485 ($1,440), no premium
Fees verified at the time of writing — USCIS fees change. Always check uscis.gov before filing.
The Process

EB-2 NIW process: from assessment to Green Card

Timing depends on case preparation, USCIS petition review, premium processing availability and the Green Card application route.
01
Step 1

Profile assessment

Route confirmation and internal review of your profile and endeavor.
02
Step 2

National interest strategy

We frame your endeavor and national interest argument against the Dhanasar prongs.
03
Step 3

Evidence roadmap & petition pack

Career narrative, recommendation letters and evidence pack prepared.
04
Step 4

Attorney review & I-140 filing

The engaged attorney reviews, advises and files Form I-140 with the NIW request.
05
Step 5

USCIS decision & Green Card stage

After approval: adjustment of status or consular processing, then Green Card issued.
Long Term

Benefits, comparison & citizenship pathway

Green Card pathway

Can lead to U.S. permanent residency if petition and Green Card application are approved.

No job offer required

NIW allows self-petition without a specific U.S. employer.

No labor certification

NIW waives the PERM labor certification requirement.

Family inclusion

Eligible family members may be included as derivative applicants.

Career flexibility

Built around your proposed endeavor and field, not one narrow job offer.

Future citizenship

Pathway to U.S. citizenship later if naturalisation requirements are met.

EB-2 NIW vs EB-1: which route is better?

Both are employment-based Green Card routes for different profiles. EB-1 is usually stronger for extraordinary ability, outstanding academic recognition or multinational executive leadership. EB-2 NIW may be more realistic for professionals whose work has substantial merit and national importance, even without meeting the EB-1 extraordinary ability standard.
Why Us

Why prepare your EB-2 NIW case with Tech Nomads?

NIW endeavor framing
Dhanasar-mapped evidence
Attorney coordination
Green Card stage
Tech Nomads is a global mobility platform built for talented professionals, founders and creators. The EB-2 NIW case is built on a clear national interest argument — exactly the kind of structured, evidence-led narrative we specialise in preparing.

NIW endeavor framing

Translate your work into a clear national interest argument under Dhanasar.

Evidence-led preparation

Documentation, recommendation letters and supporting materials mapped to all 3 prongs.

U.S. attorney coordination

Tech Nomads prepares case materials; the attorney reviews and files.
Verify Everything

Official U.S. government sources

Verify everything against primary sources. These are the official .gov resources for the EB-1 route. Tech Nomads is not affiliated with any of these agencies.
Always check official sources before any payment, document submission or filing decision. Government fees, processing times, priority dates and adjudication guidance can change.
FAQ

EB-2 NIW FAQs

Each answer cites USCIS as the source.

Who is eligible for EB-2 NIW?

EB-2 NIW may be available to advanced-degree professionals or people with exceptional ability whose proposed work has substantial merit and national importance for the United States.

What does NIW mean in EB-2?

NIW stands for National Interest Waiver — it waives the standard job offer and labor certification requirements, allowing eligible applicants to self-petition where their work serves the U.S. national interest.

Is EB-2 NIW hard to get?

It is evidence-heavy. The petition must satisfy all three Dhanasar prongs — substantial merit and national importance, being well positioned to advance the endeavor, and why waiving the job offer benefits the U.S. A strong national interest argument is essential.

How much does EB-2 NIW cost?

USCIS fees include $715 for Form I-140 and $1,440 for I-485 (inside the U.S.); NIW premium processing is an optional $2,805 (45 business days). Attorney and Tech Nomads fees are separate.

Do I need a U.S. employer for EB-2 NIW?

No. The National Interest Waiver allows you to self-petition without a specific U.S. employer or labor certification.

Does EB-2 NIW lead to a Green Card?

Yes — it is an immigrant visa pathway that can lead to U.S. permanent residency if the petition and the Green Card application are approved.

Can my family be included?

Yes — a spouse and unmarried children under 21 may be included as derivative applicants and, if approved, may also become permanent residents.

How long does the process take?

Timing depends on case preparation, USCIS review, premium processing (45 business days for NIW) and the Green Card application route, subject to priority date and visa availability.

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