EB-2 National Interest Waiver (NIW): Self-Petition Green Card

You need to clear two hurdles.

First, qualify for EB-2. You need an advanced degree (a US master's or higher or foreign equivalent, or a bachelor's plus 5 years of progressive experience), or exceptional ability shown by 3 of 6 criteria. See the main EB-2 page for details.

Second, meet the Dhanasar test. Since the 2016 decision Matter of Dhanasar, USCIS asks three questions:

"National importance" is about the potential impact of the work, not where you do it. Work in one city can count if its effects reach beyond it. Researchers, engineers, physicians, and founders in fields such as health, technology, and energy often use the NIW, but there is no list of approved fields.

• A clear written description of your proposed endeavor and why it matters.
• Your degrees, and evaluations for foreign degrees.
• Publications, citations, patents, grants, or funding.
• Letters from independent experts who know your work, not only colleagues.
• Evidence of progress: contracts, pilot results, investor interest, or government interest.

Physicians in underserved areas

A separate NIW rule covers physicians who agree to work full time in a designated shortage area or at a Department of Veterans Affairs facility, usually for 5 years in total. It has its own filing rules; see the USCIS EB-2 page.

No. You can file for yourself, and you do not need a job offer. An employer can file an NIW for you if it wants to. Because there is no PERM, you avoid the recruitment steps described in our PERM guide.

If your record is very strong, compare the NIW with the EB-1A, which has a higher bar but often a shorter wait for a visa number. Our EB-1A vs EB-2 NIW comparison sets them side by side. Many people file both.

An NIW does not give you a faster line. You use EB-2 visa numbers, about 40,000 a year for all EB-2 cases, with a 7% per-country cap. Your priority date is the date USCIS receives your I-140.

• India: the longest EB-2 wait, often estimated at a decade or more.
• China: a multi-year wait.
• Most other countries, including Mexico and the Philippines: shorter, though EB-2 has had some wait for all countries in recent years.

See Visa Bulletin and the Visa Bulletin tracker for this month's dates.

• Adjustment of status (Form I-485) if you are in the US and your priority date is current.
• Consular processing (DS-260 through the National Visa Center, then a consulate interview) if you are abroad.

NIW filers are often in the US on F-1, OPT, J-1, H-1B, or O-1 status. Students and visitors face the most scrutiny under the memo, so take legal advice before filing an I-485 from those statuses. J-1 holders subject to the two-year home residency rule must meet it or get a waiver first.

The 2026 adjustment of status memo. On May 21, 2026, USCIS issued a policy memo (PM-602-0199) that treats adjustment of status as a discretionary benefit. USCIS said that people who are in the US on a temporary visa and want a green card should expect to apply from their home country, except in extraordinary circumstances. The memo applies to pending and new Form I-485 filings. Meeting the legal requirements is now treated as the minimum: officers weigh your whole record, including whether you used your visa for its stated purpose. Legal challenges were expected, so check the current position before you file.

The 2026 interview freeze. Since August 25, 2026, the State Department has paused scheduling of immigrant visa interviews worldwide while consular officers train on public charge screening. No restart date had been announced as of September 22, 2026. Track it on our immigrant visa pause page.

Travel ban. Nationals of the 39 countries covered by the travel ban (Proclamation 10998, in effect since January 1, 2026) generally cannot receive immigrant visas abroad, and USCIS has held many pending applications from those countries for extra review.

Public charge. A new public charge rule took effect on September 18, 2026. It replaces the 2022 rule with a broader "totality of the circumstances" test of whether you are likely to rely on government support.

Government fees as of September 2026, from the USCIS fee schedule:

Check the USCIS fee calculator before you pay. Lawyer fees are extra.

• The endeavor is described too vaguely, or as a job title instead of a plan.
• National importance is asserted but not shown.
• Letters are generic or only from close colleagues.
• Little proof of progress or of being well positioned.

If you get a Request for Evidence, see RFEs and NOIDs. Many applicants use a licensed immigration lawyer; learn how to verify one.