EB-2 NIW Requirements and the Dhanasar Test on an Engineer’s Example
EB-2 NIW is a green card you file for yourself – no employer and no PERM labor certification. It takes two things – qualifying for EB-2 through a degree or exceptional ability, and convincing USCIS that your work matters to the US under the three prongs of Matter of Dhanasar. Below are both steps on a hypothetical power engineer, the evidence that works and the reasons petitions fail. If you want the petition prepared for you, see our EB-2 NIW service.
Who qualifies for EB-2
| Route | What you need | How it is shown |
|---|---|---|
| Advanced degree | a master’s, PhD or foreign equivalent | diploma and credential evaluation |
| Bachelor’s + 5 years | a bachelor’s and at least five years of progressive post-degree experience | employer letters with duties and dates |
| Exceptional ability | 3 of 6 types of evidence | relevant degree, 10 years’ experience, license, pay, memberships, recognition |
The engineer in our example holds a master’s in power engineering and has eight years on distribution grids. He qualifies through the first route, and a credential evaluation confirms the US equivalent.
The three Dhanasar prongs on one example
Since 2016 USCIS has decided NIW petitions under Matter of Dhanasar. Each prong is proven separately.
The endeavor has substantial merit and national importance. It has to be a specific undertaking. “I am an engineer” is a job. “I deploy battery storage on rural grids to cut post-storm outages” is an endeavor. Importance is shown with industry reports, government programs and data on the problem being solved.
You are well positioned to advance it. Education, experience, completed projects, publications, patents, letters from clients and experts, a plan for the next few years. Our engineer has three deployed projects at home, a talk at an industry conference and letters from two US companies interested in his design.
On balance, waiving the job offer and PERM benefits the US. Arguments – the work does not fit a single job opening, it helps more than one employer, waiting for certification would delay the result. For the engineer, several utilities need his project at once.
What is not required. A job offer, labor certification, a business plan or a set amount of money. You may have an employer, but NIW does not depend on one.
Evidence that works
The officer weighs the record as a whole. The USCIS Policy Manual says letters carry the most weight when the expert knows the work first-hand, describes specific results, and other documents back up what they say.
Citations and adoptions, contracts and letters of intent from US organizations, grants, licensed patents, invitations to speak or to judge others’ work all help. Generic references from colleagues, course certificates and open memberships help much less.
USCIS singles out an advanced STEM degree tied to the endeavor, especially a PhD, as a strong factor for prong two. A degree alone, without a plan and proof of impact, does not carry the case.
Is there a list of NIW occupations?
No. Neither the statute nor the Policy Manual names occupations. Approvals are more common in science, technology, medicine and engineering because national importance is easier to show there. Entrepreneurs, educators and business specialists also succeed when the endeavor is concrete and its benefit reaches beyond one company.
Want to test your endeavor against Dhanasar?
Describe what you will do in the US in two paragraphs – a lawyer will tell you how an officer is likely to read it.
EB-2 NIW pros and cons
NIW suits people with a degree and a clear project but no employer, or no wish to depend on one.
Pros
- you self-petition
- no employer or PERM
- you can change jobs within your endeavor
- your family immigrates with you
Cons
- EB-2 has a Visa Bulletin queue
- prong one is judged subjectively
- an approved petition does not let you enter before your date
- fees are not refunded on denial
Queue and timing
An NIW I-140 can be premium processed – a decision within 45 business days for $2,965. The green card itself, though, comes only when your Visa Bulletin date is current.
In the November 2026 bulletin, EB-2 visas for most countries go to applicants with priority dates before April 1, 2025 (Final Action Date), and documents can go to the National Visa Center with dates before March 15, 2026 (Dates for Filing). China and India are much further back.
Which date is yours
NIW has no PERM, so your priority date is the day USCIS receives your I-140. The earlier you file, the earlier your date, even if approval comes later.
Why NIW petitions are denied
Most often on prong one. The endeavor reads like a job or like a benefit to a single company, and the officer sees no national importance. Next comes thin evidence on prong two – there is a plan, but little proof that you in particular will carry it out.
A denial does not bar refiling. Usually the endeavor is rewritten, letters from the people who need it are added, and a new petition is filed or the decision is appealed. If your record is strong, EB-1A is worth checking in parallel.
Start with one sentence – what you will do in the US and for whom. If you cannot write it without the word “specialist,” work on the endeavor before collecting documents.
EB-2 NIW questions
Can I file from Canada or another country?
Yes. The petition can be filed from anywhere. Once your date is current, residents of Canada interview at the US Consulate General in Montreal.
Do I need an English test?
No. Documents are translated, but your plan and letters have to describe the endeavor convincingly in English.
What are the government fees?
I-140 $715, Asylum Program Fee for self-petitioners $300, premium processing $2,965, I-485 for adjustment $1,440, immigrant visa at a consulate $345. Amounts follow the USCIS fee schedule G-1055 as of October 2026.
Can I work in the US while I wait for my date?
Only on another basis – a work visa or employment authorization from a pending I-485. An approved I-140 does not authorize work.
Will a business plan help?
It is not required. It helps when your endeavor is your own company, showing how the business will run and whom it will benefit.
Related articles
- How to immigrate to the US based on profession
- How STEM specialists can immigrate to the US
- EB-1 green card for talented people
- How to get an O-1 talent visa
Ready to talk about NIW?
A lawyer will check your EB-2 base and help you frame the endeavor.
