Frequently Asked Questions About the EB-2 NIW Visa

Generally, you first have to fit the EB-2 category itself, either through an advanced degree (or a bachelor's plus five years of progressive experience) or through exceptional ability in the sciences, arts, or business. From there, the waiver is decided under the three-factor test from Matter of Dhanasar.

In general, there are two layers. First, EB-2 eligibility. Second, the Dhanasar factors: a proposed endeavor with substantial merit and national importance, proof that you are well-positioned to advance it, and a showing that the United States benefits from waiving the usual job-offer and labor certification requirements.

Your priority date is the day USCIS receives your properly filed Form I-140. It holds your place in line. You can't finish the green card process until that date is current on the State Department's Visa Bulletin.

Yes. That is a principal reason for requesting the waiver. A job offer or letters of interest can still help your case, but none is required.

Yes. You can file the I-140 yourself, with no employer involved. For many applicants this is the biggest draw of the NIW.

No. An employer can file for you if one is willing, but nothing requires it, and there is no PERM recruitment process either way. Employer can be very helpful to your case though.

It's the specific work you plan to do in the United States. "Research in biotechnology" is a field, not an endeavor. A real endeavor names the objective problem you're tackling, why it matters, and what you plan to do next. Petitions rise or fall on this.

It comes from Matter of Dhanasar, a 2016 decision by the Administrative Appeals Office. One: the endeavor has substantial merit and national importance. Two: you are well-positioned to advance it. Three: on balance, waiving the job-offer and labor certification requirements benefits the United States.

There's no fixed checklist. Common evidence includes degrees, publications, patents, awards, and detailed letters from experts who actually know your work. A concrete plan and proof of progress already made carry weight. So do letters of interest from industry leaders, government support, and outside sources like industry reports or government data that tie your endeavor to a broader national need.