USA EB-2 National Interest Waiver Green Card

The EB-2 NIW is a qualification-based green card, not an investment programme: no payment can qualify you. It grants permanent residence, and the United States has no citizenship by investment.

What is the EB-2 National Interest Waiver, and what is it not?

The EB-2 National Interest Waiver (NIW) is a US immigrant petition in which USCIS waives the job offer, and with it the labour certification, because your proposed endeavour is in the US national interest. Its legal basis is INA section 203(b)(2)(B)(i), the regulation at 8 CFR 204.5(k), the precedent decision Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), and Volume 6, Part F, Chapter 5 of the USCIS Policy Manual.

• What it is: a green card you may petition for yourself on Form I-140, open to all nationalities.
• What it is not: an investment programme, a temporary visa or citizenship. Company ownership or a degree alone is not enough, and the waiver is discretionary.

A US employer may also file the petition with a waiver request; the test is the same. This page concentrates on the self-petition.

Who qualifies for EB-2 in the first place?

You must first qualify for the EB-2 category itself, in one of two ways set out on the USCIS EB-2 page.

• Advanced degree: a US academic or professional degree above the bachelor's level, such as a master's or a doctorate, or a foreign equivalent. A US bachelor's degree or foreign equivalent plus at least 5 years of progressive post-degree experience in the specialty counts as equivalent to a master's.
• Exceptional ability: a degree of expertise significantly above that ordinarily encountered in the sciences, arts or business, shown by at least 3 of 6 types of evidence, followed by a final merits review.

The six types of evidence are: an academic record relating to the area of exceptional ability; letters documenting at least 10 years of full-time experience; a licence or certification for the profession; a salary or remuneration that demonstrates exceptional ability; membership in professional associations; and recognition for achievements and significant contributions from peers, government entities, or professional or business organisations. Where these standards do not readily apply to your occupation, comparable evidence may be submitted (8 CFR 204.5(k)(3)(iii)). Whether a foreign degree is the equivalent of the US degree is assessed case by case.

What is the Dhanasar test for a national interest waiver?

The Dhanasar test is the three-part standard USCIS applies to every NIW request. Under USCIS Policy Manual Volume 6, Part F, Chapter 5, USCIS may grant the waiver, as a matter of discretion, if you show all three prongs by a preponderance of the evidence:

1. Substantial merit and national importance of your specific proposed endeavour.
2. Well positioned: you are well positioned to advance that endeavour.
3. On balance, beneficial to waive the job offer and therefore the labour certification.

The test is about the endeavour: the petition defines precisely what you will do in the United States, why it matters nationally and why you can carry it forward. A labour shortage in your occupation does not by itself meet the third prong.

What evidence works for founders, researchers, engineers and physicians?

• Founders and entrepreneurs. USCIS says that not every entrepreneur qualifies: broad claims of job creation are not enough. Helpful evidence includes investment from third parties, incubator or accelerator participation, grants, intellectual property, media coverage, revenue or job growth, and independent letters. Capital raised from investors is evidence that you are well positioned, not a qualifying amount.
• Researchers. An advanced STEM degree, especially a PhD, combined with work furthering a critical and emerging technology or another STEM area important to US competitiveness, is a strong positive factor. Publications, grants and independent expert letters support the second prong.
• Engineers. The same STEM guidance applies: work on a critical and emerging technology supports national importance, and a record of delivered projects and patents supports the second prong.
• Physicians and other licensed professionals. A degree and licence are a starting point for EB-2, not proof of the waiver. The petition must still describe a specific endeavour, such as a clinical or research programme, and show its national importance; profession-specific rules are confirmed case by case.

For every profile, a degree in itself does not show you are well positioned. To test your evidence, book a free consultation.

How much does an EB-2 NIW cost in government fees?

The NIW has no investment requirement. The table shows the US government fees as of 12 October 2026, read from USCIS Form G-1055 (edition 10/07/26) and 22 CFR 22.1.

Two further fees depend on your route and are confirmed before filing: the Form I-485 fee if you adjust status inside the United States, and the USCIS Immigrant Fee after a consular immigrant visa is issued. These are government fees only. Mirabello's advisory fee and the independent US attorney's fee are separate. Fees change: verify against the official source before you file.

How does the EB-2 NIW process work, step by step?

1. Assess the profile. Mirabello reviews fit; the independent US attorney assesses legal eligibility.
2. Define the endeavour and build the evidence against EB-2 and the three prongs.
3. File Form I-140, classification E21 NIW, with Form ETA-9089 Appendix A and a signed Final Determination; no Department of Labor certification is needed.
4. Wait for a visa number. Your priority date is the date the complete petition is properly filed (8 CFR 204.5(d)).
5. Adjust status or process abroad. Inside the United States you file Form I-485, concurrently with the I-140 if your priority date is current. Abroad, the case passes to the National Visa Center and an immigrant visa interview at a US consulate.
6. Green card. You become a lawful permanent resident.

There is no single official timeline. With premium processing, USCIS acts on the I-140 within 45 business days; the clock stops if USCIS requests evidence or issues a notice of intent to deny. It does not make a visa number available sooner. We check current times for your case rather than quote one figure.

How long is the EB-2 NIW wait, and why does your country matter?

Immigrant visa numbers are limited by category and by per-country caps, and the State Department's monthly Visa Bulletin publishes cut-off dates for each category and country of chargeability. When your priority date is earlier than the cut-off, a green card can be issued; when demand exceeds supply, you wait. EB-2 has historically been more backlogged than EB-1 for high-demand countries. For October 2026, USCIS directs employment-based adjustment filers to the Dates for Filing chart. Cut-off dates change monthly, so we read the current bulletin for your country rather than publish a date here.

Can your spouse and children come, and can they work?

Your spouse and unmarried children under 21 may apply for derivative immigrant status once the I-140 is approved, and as permanent residents they may work without restriction. While an I-485 is pending, a derivative spouse may apply for an employment authorisation document. The Child Status Protection Act may protect children close to 21, case by case.

Can an EB-2 NIW lead to US citizenship?

Yes, through naturalisation. After at least 5 years as a lawful permanent resident, you may apply on Form N-400 under the conditions on the USCIS naturalisation page: continuous residence for those 5 years, physical presence of at least 30 months, 3 months in your state or USCIS district, good moral character, basic English and civics, and the Oath of Allegiance. You must be at least 18. The N-400 fee is US$760 on paper or US$710 online as of 12 October 2026. Long absences from the United States can put permanent-resident status at risk.

What changes for Europeans considering the EB-2 NIW?

The NIW is open to all nationalities, including Europeans without an E-2 treaty: Greece is an E-1 country only, and Hungary, Cyprus, Malta, Iceland and Liechtenstein are not on the State Department treaty table. For German, Austrian, Swiss, Italian, French, Dutch, Spanish, Portuguese and Turkish nationals, the NIW is the permanent alternative to a renewable E-2.

• US tax from green-card day. Under the IRS green card test, you are a US tax resident from the first day of lawful permanent residence in a calendar year, and your worldwide income is subject to US tax. This continues until the status is abandoned in writing or terminated. State tax, FBAR and FATCA reporting may also apply.
• Treaties and departure. Income tax treaties, such as those with Germany, Austria and Switzerland, prevent most double taxation. Your home country may also tax your departure: Germany, for example, can tax unrealised gains on substantial shareholdings when its residents move abroad.
• Your citizenship. US law does not prohibit dual nationality. Whether you keep your current citizenship depends on your home country: Germany has allowed dual citizenship since its 2024 nationality reform, Switzerland allows it, and Austria generally requires permission in advance to keep Austrian citizenship.

Take advice from a qualified US tax adviser and one in your home country before you move. This is general information, not tax advice.

EB-2 NIW, EB-1A, O-1 or EB-5: how do the US routes compare?

EB-1A premium processing is 15 business days against 45 for the NIW, and EB-1 and EB-2 have separate visa queues. The E-2 treaty investor visa is temporary and limited to treaty nationals. For every route side by side, start at our USA immigration hub.

Ask Mira, by Mirabello

Not sure whether you fit the NIW or the EB-1A? Ask Mira, by Mirabello, our AI immigration advisor, to compare the US routes for your profile. A specialist then reviews your actual case.

How Mirabello Consultancy helps

Mirabello Consultancy advises on fit and strategy: whether the NIW is the right route, how to frame the endeavour and how your evidence maps to the three prongs. We organise the documents and coordinate the case. All US immigration petitions and legal assessments are prepared and filed exclusively by independent, licensed US immigration attorneys.

Mirabello Consultancy is a boutique investment-migration advisory firm. We are not a law firm and do not provide legal, tax, investment or financial advice. This page is general information and creates no attorney-client or adviser-client relationship. Mirabello Consultancy Ltd is incorporated and operates from Switzerland, with offices in Dubai and Hong Kong SAR; it maintains no establishment in the United States and does not practise US law. Immigration outcomes are decided solely by the US authorities and no result can be promised. Figures are time-sensitive: verify them at the official source. Book a free consultation to discuss your EB-2 NIW strategy.