EB-2 NIW · National Interest Waiver

EB-2 NIW visa: a merit-based green card,
no job offer required.

The EB-2 National Interest Waiver (NIW) lets professionals with an advanced degree or exceptional ability petition for U.S. permanent residence on their own — with no employer sponsor and no PERM labor certification. This guide covers the requirements, the cost, the timeline and the process, with official sources.

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At a glance

Self-petition

No employer sponsor and no PERM labor certification

~1.5 years

Estimated time, depending on the Visa Bulletin

No English requirement

To obtain the green card

Clear fees

Full written breakdown, with a limited refund guarantee*

The basics

What is the EB-2 NIW visa?

The EB-2 NIW is an employment-based immigrant category — a green card, not a temporary visa — in which U.S. Citizenship and Immigration Services (USCIS) waives the job offer and the labor certification that the EB-2 category normally requires, because the applicant's work is in the national interest of the United States.

In a standard EB-2 case, a U.S. employer first has to test the labor market through PERM and then sponsor the worker. With a National Interest Waiver you file Form I-140 for yourself: you are both the petitioner and the beneficiary. NIW stands for National Interest Waiver, and EB-2 is the second employment-based preference category.

EB-2 NIW at a glance
	EB-2 NIW
Category	EB-2: employment-based, second preference
What is waived	The job offer and the PERM labor certification
Who files	You do: a self-petition on Form I-140
Legal test	The three-prong framework of Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
Who is included	You, your spouse and your unmarried children under 21
Result	Lawful permanent residence (a green card)

Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5. This guide is general information, not legal advice: Rumbo is not a law firm, and whether a profile qualifies is assessed by the independent attorney.

EB-2 NIW requirements

Who qualifies for the EB-2 NIW?

There are two layers. First you have to fit the EB-2 category through one of these two routes; then you have to meet the national-interest test explained below. In fiscal year 2024, USCIS approved 27,526 EB-2 NIW petitions.*

Route A · Advanced degree

Advanced degree or its equivalent

You meet one of these two conditions:

A master's, doctorate or other degree above a bachelor's (U.S. or foreign equivalent)
A bachelor's degree, or its foreign equivalent
…plus 5 years of progressive, post-degree experience in your field

Route B · Exceptional ability

Exceptional ability

Expertise significantly above what is ordinarily encountered in the sciences, arts or business. You document at least 3 of the 6 criteria.

No advanced degree required
Your experience and achievements carry the weight
USCIS weighs the evidence as a whole

The 6 exceptional-ability criteria — you need 3

Which ones do you meet?

A degree, diploma or certificate in your field

10 years of full-time experience

A license or certification to practice

A salary that shows exceptional ability

Membership in professional associations

Recognition from peers, government or professional bodies

Review your profile — free consultation

*U.S. market figure, not a figure of Rumbo or of its cases, and it does not indicate the likelihood of approval for any profile. Source: USCIS, Form I-140 data, fiscal year 2024.

The national-interest test

What are the three prongs of the EB-2 NIW test?

Fitting the EB-2 category is only the first layer. Since Matter of Dhanasar (2016), USCIS decides whether to grant the waiver with a three-prong framework. The USCIS Policy Manual states the prongs as follows, and all three have to be met:

The three prongs of the Dhanasar test
Prong	What USCIS asks	What usually supports it
1 · Merit and national importance	The proposed endeavor has both substantial merit and national importance.	A clearly defined endeavor, and evidence that its impact reaches beyond one employer or one region.
2 · Well positioned	The person is well positioned to advance the proposed endeavor.	Education, track record, a concrete plan, progress made so far and the interest of third parties.
3 · On balance, beneficial	On balance, it would be beneficial to the United States to waive the job offer and thus the labor certification.	Why the labor certification process is impractical for this work, or why the contribution justifies waiving it.

Source: USCIS Policy Manual, Volume 6, Part F, Chapter 5. The third column is a plain-language summary, not USCIS wording.

Which professions qualify for the EB-2 NIW?

There is no list of approved professions. What USCIS evaluates is the endeavor — what you propose to do in the United States and why it matters nationally — not the job title. Engineers, physicians and other health professionals, researchers, technology specialists, educators, finance professionals and entrepreneurs all file NIW petitions.

Not sure which route fits your profile?

A specialist reviews it with you. Free, and with no commitment.

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The EB-2 NIW process

How do you apply for the EB-2 NIW, step by step?

A dedicated specialist walks with you through every stage. The independent attorneys do the legal work.

Free consultation

We look at which EB-2 route fits you.

Your plan

We map it with you; the independent attorneys design the legal strategy.

Evidence

We gather documents and translations.

Form I-140

We build the case with the independent attorneys.

Filing

The independent attorneys file your petition with USCIS, and we track it.

Green card stage

I-485 or consular processing once your date is current.

Green card approved

You live and work in the U.S.

Estimated total time: about 1.5 years, depending on the Visa Bulletin.

Cost and timeline

How much does the EB-2 NIW cost, and how long does it take?

Clear professional fees

You receive a complete written breakdown before any commitment. The fees cover the legal strategy designed by the independent attorneys, building the case and the responses to USCIS (RFE/NOID).

They do not include the official USCIS fees, translations or the academic credential evaluation — we detail those for you in writing before you start.

Realistic timelines

~1.5 years*

The time depends on the Visa Bulletin and on your country of birth. The Department of State publishes it every month: it shows whether visas are available for your country and your category, and that availability changes from one month to the next.

USCIS offers premium processing for the I-140, which shortens that stage of the process.

*Estimated time, not guaranteed: it depends on the Visa Bulletin published by the Department of State and on the USCIS processing workload, and it changes by country and by case. It is not a Rumbo figure or a committed timeline; the independent attorney confirms the timing of your case.

Government fees and timeline

What are the USCIS filing fees for an EB-2 NIW?

These are government fees, paid to USCIS, and they are separate from professional fees. The amounts come from the USCIS fee schedule as checked on October 1, 2026. USCIS adjusts them from time to time, so confirm the current figure before filing.

USCIS filing fees for an EB-2 NIW
Fee	Amount (USD)	When it applies
Form I-140, immigrant petition	$715 on paper · $665 online	Every EB-2 NIW petition.
Asylum Program Fee	$300 for a self-petitioner	Paid together with the I-140. It is $600 for regular employer petitioners and $0 for nonprofits.
Form I-907, premium processing	$2,965	Optional. USCIS acts on the I-140 within 45 business days. It speeds up the decision on the petition, not visa availability.
Form I-485, adjustment of status	$1,440 on paper · $1,390 online	Per applicant adjusting status inside the United States. For a child under 14 filing with a parent: $950 on paper, $900 online.

Source: USCIS Fee Schedule, Form G-1055 and USCIS, How do I request premium processing?. Government fees are not Rumbo's fees and are not covered by the limited guarantee. Applicants who process at a consulate pay Department of State fees instead of the I-485 fee.

How long does the EB-2 NIW take? Priority dates and the Visa Bulletin

Two clocks run at the same time. The first is USCIS deciding your I-140. The second is visa availability: your priority date — the day USCIS receives your I-140 — has to be earlier than the cut-off date that the Department of State publishes every month in the Visa Bulletin for your category and your country of birth.

EB-2 cut-off dates in the October 2026 Visa Bulletin
EB-2, October 2026	All chargeability areas	Mexico
Final Action Dates	January 1, 2025	January 1, 2025
Dates for Filing	March 15, 2026	March 15, 2026

Final Action Dates control when a green card can actually be issued; Dates for Filing control when you may submit Form I-485 or start the consular paperwork. Most Latin American countries fall under “All chargeability areas”; Mexico has its own column. These dates move every month, forward or backward, so read this table as a snapshot and not as a forecast.

Source: U.S. Department of State, Visa Bulletin for October 2026 and USCIS, adjustment of status filing charts. These are not Rumbo figures or a committed timeline; the independent attorney confirms the timing of your case.

Limited guarantee, in plain language

What if the EB-2 NIW petition is denied?

“No one can guarantee you an approval — that depends on a USCIS officer. That is why what we guarantee is your money.”

Rumbo limited guarantee*

Refund of 100% of the legal fees if your petition is denied after 3 attempts.

It includes the responses to RFEs and NOIDs. It does not include the official USCIS fees or translations. The 3 attempts are the initial filing plus 2 re-filings. *Limited guarantee. Subject to the explicit terms and conditions of the service agreement.

Compare

EB-2 NIW vs. EB-1A vs. EB-2 with PERM: what is the difference?

EB-2 NIW compared with EB-1A and EB-2 with PERM
	EB-2 NIW	EB-1A	EB-2 with PERM
Job offer	Not required: self-petition	Not required: self-petition	Required: an employer sponsors you
Labor certification	Waived	Not required	Required
What you prove	Advanced degree or exceptional ability, plus the three-prong national-interest test	Extraordinary ability: sustained national or international acclaim	Advanced degree or exceptional ability, plus a qualifying job
Premium processing of the I-140	45 business days	15 business days	15 business days
Visa Bulletin, October 2026*	EB-2: January 1, 2025	EB-1: current	EB-2: January 1, 2025

*Final Action Dates for all chargeability areas. Source: U.S. Department of State, Visa Bulletin for October 2026 and USCIS, premium processing.

The bar for EB-1A is higher, but its visa queue is shorter today; an employer-sponsored EB-2 avoids the national-interest test but ties the case to one employer. Which route to file is legal strategy, and that decision is made by the independent attorney, not by Rumbo. See also Rumbo's EB-1 page (in Spanish).

The EB-2 NIW by country

The category is the same for every country. What changes is the context from which you evaluate it. Choose yours.

🇨🇴 Colombia

If you have spent years building your CV in Colombia —an undergraduate degree, perhaps an especialización, maybe a master's— the doubt is usually not whether you want to leave, but whether that track record is enough to apply for permanent residence on your own merits, without a company sponsoring you.

The EB-2 NIW exists precisely for that: it allows you to ask that the job offer be waived when the endeavor you propose has merit and national importance for the United States. It is not a fast track or a separate category for Colombians; it is the same category, evaluated under the same criteria.

The Colombian community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 1.4 million people of Colombian origin lived in the United States. The population is concentrated in Florida (31%), New York (13%), New Jersey (10%), Texas (8%) and California (7%).

That concentration explains why South Florida and the New York metropolitan area tend to come up as a reference in conversations about Colombian professional networks in the United States. It is context about an established community, not a requirement or a recommendation about where to live: the EB-2 NIW is not filed for a specific state.

Potentially relevant profiles

Professionals with a master's or doctorate in STEM fields: software development, data, artificial intelligence, cybersecurity.
Engineers with experience in infrastructure, power grids or the energy transition.
Health care professionals with a tarjeta profesional (professional license) and clinical or hospital management experience.
University researchers and faculty with verifiable publications and citations.
Founders and executives with a concrete plan to expand into the United States and demonstrable traction.

Degrees and credentials in Colombia

In Colombia the ladder runs from the undergraduate degree to especialización, master's and doctorate, and programs are recorded in the SNIES of the Ministerio de Educación Nacional. The question that comes up most is where an especialización fits, because the U.S. system does not rank graduate programs the same way. There is no general answer: equivalence is determined on the diplomas and academic record of each case, and it falls to the independent attorney.

How the endeavor can be framed

Illustrative example of how an endeavor might be framed: an engineer who has worked on power grid optimization can describe a specific endeavor on infrastructure resilience in the United States, not simply “continuing to work as an engineer.” The endeavor is the object of the evaluation, not the job title.

What evidence tends to carry weight

What tends to carry weight is not the number of pages but their connection to the endeavor: measurable results, adoption of your work by third parties, real responsibilities, publications where they exist, and an explanation of why requiring a labor certification would be contrary to the national interest.

Frequently asked questions from Colombia

Is there a version of the EB-2 NIW for Colombians?: No. There is no separate category or different requirements by nationality. The EB-2 basis and the three prongs of the Dhanasar framework are evaluated under the same criteria for everyone.
And where does a Colombian especialización fit?: It is not resolved by the name of the program. Equivalence is determined on the diplomas and academic record of each case, and it is a technical question that falls to the independent attorney.

Organize your CV and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇲🇽 Mexico

From Mexico, the EB-2 NIW almost always shows up compared with the routes that depend on an employer. The basic difference is who files the petition: here you file it yourself, and a company does not have to hire you first.

The EB-2 NIW allows you to ask that the job offer be waived when the endeavor you propose has merit and national importance for the United States. It is not a separate category for Mexicans: it is the same one, with the same criteria.

The Mexican community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 37.2 million people of Mexican origin lived in the United States, concentrated in California (34%), Texas (26%), Arizona (5%), Illinois (5%) and Colorado (2%).

Potentially relevant profiles

Professionals with a master's or doctorate in software, data or advanced manufacturing.
Engineers with experience in energy, the automotive sector or infrastructure.
Health care professionals with a cédula profesional and a specialty.
Founders with an operating business and a concrete plan to expand into the United States.

Degrees and credentials in Mexico

In Mexico the path is licenciatura, titulación and the cédula profesional issued by the Dirección General de Profesiones of the SEP; above those come especialidad, master's and doctorate. The cédula accredits your profession in Mexico, not before USCIS: for the EB-2 basis what is analyzed are the studies behind the degree, and determining how they fit the definition of “advanced degree” falls to the independent attorney.

How the endeavor can be framed

Illustrative example: an industrial automation specialist can propose an endeavor on manufacturing productivity in the United States, with metrics from prior work, instead of describing their position.

What evidence tends to carry weight

In manufacturing and automation profiles, what tends to carry weight are the measurable results of your prior work —productivity, quality, safety— and who adopted them afterward. The job title matters less than the trail it left.

Frequently asked questions from Mexico

Is there a special EB-2 visa for Mexicans?: No. The category and its requirements are the same regardless of nationality, and geographic proximity is not an evaluation factor either. What is analyzed is the EB-2 basis and the three prongs of the Dhanasar framework.
How is it different from the TN?: They are different things. The TN is a nonimmigrant classification open to Mexicans and Canadians under the USMCA: it provides temporary entry, requires prearranged employment with a U.S. employer or entity, and does not allow self-employment. The EB-2 NIW is a petition for permanent residence in which you can ask that the job offer be waived. Which one makes sense in your case is assessed by the independent attorney.

Review your professional track record and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇵🇪 Peru

From Peru, inquiries tend to come from professionals who already hold a bachiller degree, a título profesional and colegiatura, with several years of practice behind them. The question is whether that track record is enough to apply for permanent residence without depending on an employer.

The EB-2 NIW allows you to ask that the job offer be waived when the proposed endeavor has merit and national importance for the United States. Nationality does not change the criteria or the order of the evaluation.

The Peruvian community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 710,000 people of Peruvian origin lived in the United States, concentrated in Florida (18%), California (17%), New Jersey (13%), New York (10%) and Virginia (5%).

Potentially relevant profiles

Health care professionals with colegiatura, with clinical or public health experience.
University researchers and faculty with verifiable output.
Mining, metallurgy, energy or infrastructure engineers.

Degrees and credentials in Peru

In Peru, university studies leave two documents, the grado de bachiller and the título profesional, both recorded in the Registro Nacional de Grados y Títulos of SUNEDU. That registration organizes your record in Peru; before USCIS, what is evaluated are the studies and experience behind it. How “bachiller plus título profesional” translates into the definition of “advanced degree” is a technical question of the record.

How the endeavor can be framed

Illustrative example: a public health researcher can propose an endeavor on a specific health problem in the United States, supported by their prior output.

What evidence tends to carry weight

In health and research, the evidence that tends to carry weight is the kind that connects your work to a specific problem: measurable results, adoption by third parties, real responsibilities and verifiable output where it exists.

Frequently asked questions from Peru

How is “bachiller plus título profesional” translated?: There is no automatic equivalence. The two documents are submitted together and equivalence is decided on your record; years of colegiatura do not replace that evaluation.
How much experience is needed?: There is no single figure. For the advanced degree route, USCIS considers that a bachelor's —or its foreign equivalent— followed by at least five years of progressive experience in the specialty is equivalent to an advanced degree. Outside that scenario, experience is weighed as part of the overall record.

Gather your bachiller degree, título and experience, and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇦🇷 Argentina

From Argentina, the EB-2 NIW comes up mostly among professionals with a postgraduate degree and a track record in research, technology or business: profiles that already hold the título de grado, the analítico and, in many cases, years within the scientific system.

The EB-2 NIW allows you to ask that the job offer be waived when the proposed endeavor has merit and national importance for the United States. It is the same category for everyone: there is no Argentine route.

The Argentine community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 290,000 people of Argentine origin lived in the United States, concentrated in Florida (23%), California (20%), New York (10%), Texas (8%) and New Jersey (6%).

Potentially relevant profiles

Researchers with publications and citations, inside or outside the scientific system.
Professionals with a postgraduate degree in software, data or artificial intelligence.
Founders and executives with verifiable traction.

Degrees and credentials in Argentina

In Argentina the academic record is built from the diploma and the certificado analítico, which universities certify before the Ministry of Education together with the national validity of the degree. That analítico is the piece usually requested for an equivalency evaluation; where your undergraduate or graduate degree sits within the definition of “advanced degree” is determined by the independent attorney.

How the endeavor can be framed

Illustrative example: a machine learning researcher can describe an endeavor applied to a specific problem in the United States, with their prior output as support.

What evidence tends to carry weight

In research and technology, what carries weight is output with demonstrable effect: citations, adoption of the work by third parties, real responsibilities and an explanation of why requiring a labor certification would be contrary to the national interest.

Frequently asked questions from Argentina

Can I apply if my doctorate is Argentine?: An Argentine doctorate is submitted with the diploma and the certificado analítico, and equivalence is decided on that record. Having it does not make any part of the evaluation automatic.
Does having been in the scientific system count?: It counts as evidence, not as a category. What is looked at is the concrete output and its effect, not the institution where it was produced.

Gather your analítico and your output, and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇪🇨 Ecuador

In Ecuador, degrees are counted by levels —tercer nivel for the undergraduate degree, cuarto nivel for the graduate degree— and people who ask about the EB-2 NIW tend to already hold the cuarto nivel and years of practice. The question is whether that allows you to apply for permanent residence without a sponsor involved.

The Ecuadorian community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 830,000 people of Ecuadorian origin lived in the United States, concentrated in New York (35%), New Jersey (18%), Florida (10%), California (6%) and Connecticut (4%).

Potentially relevant profiles

Professionals with a cuarto nivel in STEM fields.
Engineers with experience in infrastructure, water or energy.
Founders with an operating business and documentable traction.

Degrees and credentials in Ecuador

The registry of tercer and cuarto nivel degrees is kept by SENESCYT in the SNIESE, and it is what organizes your academic record in Ecuador. Before USCIS that registry does not replace the evaluation: what is analyzed is which studies back the degree and how they fit the definition of “advanced degree,” something the independent attorney determines.

How the endeavor can be framed

Illustrative example: a water treatment specialist can describe an endeavor on water infrastructure in the United States, instead of their job title.

Frequently asked questions from Ecuador

Does being from a particular country help or hurt?: It is not an evaluation criterion for the EB-2 NIW.

Review your cuarto nivel and your experience, and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇩🇴 Dominican Republic

From the Dominican Republic, the question tends to come from professionals with undergraduate and postgraduate degrees —many with an exequátur to practice in the Dominican Republic— who want to know whether their track record supports a petition without a sponsoring employer.

The Dominican community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 2.4 million people of Dominican origin lived in the United States, concentrated in New York (39%), New Jersey (15%), Florida (12%), Massachusetts (8%) and Pennsylvania (8%).

Potentially relevant profiles

Health care professionals with an exequátur and clinical experience.
Professionals with a postgraduate degree in STEM fields.
Founders with an established operation and an expansion plan.

Degrees and credentials in Dominican Republic

In the Dominican Republic, practicing a good part of the professions requires the exequátur processed by the MESCyT under Ley 111-42, and undergraduate and postgraduate degrees are legalized before that same ministry. It is a Dominican requirement, not a U.S. one: for the EB-2 basis what counts are the studies behind the degree, and the independent attorney determines equivalence.

How the endeavor can be framed

Illustrative example: a public health professional can propose an endeavor on health care access in underserved areas of the United States.

Frequently asked questions from Dominican Republic

Does the EB-2 NIW have different requirements for Dominicans?: No. The requirements are the same regardless of nationality, and the exequátur is not part of USCIS's evaluation: it accredits you in the Dominican Republic, not in the United States.

Review your undergraduate degree, your postgraduate degree and your experience, and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇻🇪 Venezuela

From Venezuela, the EB-2 NIW comes up among professionals with a postgraduate degree who already practice outside the country or are preparing to leave, and who want a route that does not depend on a company sponsoring them.

The Venezuelan community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 640,000 people of Venezuelan origin lived in the United States, concentrated in Florida (47%), Texas (15%), Georgia (4%), New York (4%) and New Jersey (4%).

Degrees and credentials in Venezuela

In Venezuela the path runs from the undergraduate degree to especialización, master's and doctorate, and the registry of degrees is kept by the ministry of university education. That registry accredits you in Venezuela; before USCIS, what is evaluated are the studies behind the degree, and the independent attorney determines equivalence.

Frequently asked questions from Venezuela

Does having practiced outside Venezuela change anything?: Experience counts wherever it was gained, and there is no rule that favors one country over another. What is evaluated is the record as a whole.

Review your track record and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇧🇴 Bolivia

From Bolivia, inquiries tend to come from professionals with a licenciatura and years of practice who want to know whether their track record is enough to apply for permanent residence without a sponsoring employer.

The Bolivian community in the United States

The 2020 Census placed the largest population of Bolivian origin in the country in Fairfax County, Virginia. It is context about an established community in the Washington, D.C. area, not a requirement or a recommendation about where to live: the EB-2 NIW is not filed for a specific state.

Degrees and credentials in Bolivia

In Bolivia the path runs from the licenciatura to graduate studies —diplomado, master's, doctorate— and degrees with provisión nacional are processed through the university system. That process accredits you in Bolivia; before USCIS, what is evaluated are the studies that back the degree, and the independent attorney determines equivalence.

Frequently asked questions from Bolivia

Does the size of the country of origin matter?: It is not an evaluation criterion. What is analyzed is the EB-2 basis and the three prongs of the Dhanasar framework.

Review your licenciatura and your experience, and assess whether it makes sense to explore an EB-2 NIW. Start the assessment

🇭🇳 Honduras

From Honduras, the EB-2 NIW comes up when a professional career has already been built and the person is looking for a route that does not depend on a sponsor.

The Honduran community in the United States

According to Pew Research Center tabulations of the 2021 American Community Survey, about 1.1 million people of Honduran origin lived in the United States, concentrated in Texas (20%), Florida (14%), California (10%), New York (8%) and North Carolina (5%).