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To qualify for an EB-2 NIW (National Interest Waiver), you must have either an advanced degree (master’s or higher), a bachelor’s degree with at least five years of progressive work experience, or demonstrate exceptional ability in your field.

Exceptional ability means a level of expertise significantly above the ordinary, proven by meeting at least three of six USCIS criteria, such as membership in professional associations, recognition from experts in your field, or a significant impact on your industry.

Additionally, you must show that your work benefits the U.S. in a meaningful way, such as improving the economy, advancing technology, enhancing healthcare, strengthening national security, or addressing other critical needs. USCIS evaluates this based on how important, urgent, and far-reaching your contributions are.

No, one of the main advantages of the EB-2 NIW is that you can self-petition, meaning you do not need a U.S. employer to sponsor you or go through the labor certification (PERM) process, which is typically a lengthy and complex requirement for employer-sponsored Green Cards.

Instead, you must prove that your work is in the national interest of the U.S. and that waiving the job offer requirement would benefit the country.

To prove that your work is in the national interest, you must show that it has a direct and significant impact on the U.S. in areas such as technology, healthcare, education, economic growth, or national security.

Your contributions should provide clear benefits to the country as a whole, beyond just your employer or local community.

You can demonstrate this through government reports, industry publications, media coverage, patents, or letters from experts confirming that your work aligns with national priorities and contributes to broader advancements in society, an industry, or the economy.

A strong EB-2 NIW petition must demonstrate that you have the expertise and experience to advance your endeavor and that your work has substantial merit and national importance.

Evidence may include receiving awards, publishing research, holding patents, and having relevant work experience in your field.

Support from employers, investors, or institutions can further strengthen your case. Additional factors include serving as a judge of others' work, holding memberships in prestigious organizations, and being featured in media coverage.

The more solid and well-documented your evidence, the stronger your petition.

Extraordinary ability is the language you must use in O-1 and EB-1A cases, and it means you are among the very top in your field. Exceptional ability (EB-2 NIW wording) means you have expertise significantly above the average but not necessarily at the very top.

It depends. For scientists and academics, publications in peer-reviewed journals are often a cornerstone of the case. For professionals in business, arts, or other industries, other types of evidence (press, awards, leadership, impact) may carry more weight.

NIW stands for National Interest Waiver.

It refers to a waiver of the job offer and labor certification (PERM) requirements that normally apply to EB-2 petitions.

No.

You may qualify with:

• a master’s degree, or
• a bachelor’s degree plus five years of progressive work experience.

Yes.

Many applicants file for an EB-2 NIW while holding a nonimmigrant visa such as H-1B, O-1, or L-1.

In most cases, you can continue to maintain your current lawful status while your petition is pending.

Yes.

Filing both petitions simultaneously is a common strategy.

Each category has different requirements, and approval of one does not depend on the other.

An RFE means the USCIS officer needs more information before making a decision.

You will receive a notice explaining what additional evidence is required.

Responding thoroughly and on time is critical to the success of your petition.

The E-2 doesn't directly lead to a green card, but E-2 holders have several pathways to permanent residence.

Options include the EB-5 immigrant investor program, EB-1A extraordinary ability, EB-2 NIW national interest waiver, or employer-sponsored green cards through the PERM process.

Only two categories allow self-petitioning: EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver).

For all other categories, your employer must act as the petitioner and file on your behalf.

Both self-petition categories have the added benefit of not requiring a PERM labor certification or a specific job offer.

Standard I-140 processing time is approximately 6 to 12 months or longer, depending on the USCIS service center handling your case and the specific category you filed under.

You can check current estimates on the USCIS processing times page.

Filing with premium processing reduces this to either 15 or 45 business days depending on your category.

The total depends on your employer size.

For a large employer (26+ full-time employees), the base filing fee is $715, the Asylum Program Fee is $600, and the premium processing fee is $2,805 (before March 1, 2026) or $2,965 (on or after March 1, 2026).

That brings the total to $4,120 or $4,280 respectively.

The filing fee and Asylum Program Fee must be submitted as two separate payments.

No. An approved I-140 confirms that you meet the qualifications for your employment-based category, but it does not grant permanent residence.

You still need to file Form I-485 for adjustment of status if you're in the U.S., or complete consular processing if you're abroad once your priority date becomes current.

The I-140 approval establishes your place in line.

No. Form G-28 has no filing fee.

USCIS accepts it at no cost.

Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.

Form G-28 is used for immigration matters before USCIS within the United States.

Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.

If your case is handled domestically by USCIS, your attorney will use the standard G-28.

Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.

Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.

The form applies only to the specific case it is filed with and does not carry over to other matters.

Yes. You are always allowed to represent yourself before USCIS.

Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.

If you choose to handle your own visa process, USCIS will communicate directly with you.

However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.