Do I qualify for an EB-2 National Interest Waiver under Matter of Dhanasar?

2 min read · August 3, 2026

Likely yes if you have an advanced degree (or exceptional ability) and can show your work has substantial merit and national importance, you are well positioned to advance it, and waiver of the labor-certification requirement benefits the U.S.

The EB-2 National Interest Waiver (NIW) under INA § 203(b)(2)(B) lets a foreign professional self-petition for a green card without an employer sponsor and without the PERM labor-certification process — if the applicant can satisfy the three-prong test from Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

The three Dhanasar prongs

1. The proposed endeavor has substantial merit and national importance. "Substantial merit" can come from any field — business, entrepreneurship, science, technology, education, health, the arts, social welfare. "National importance" looks at the prospective impact: the endeavor's potential to have implications beyond its direct geographic area and beyond the petitioner's individual employer.
2. The petitioner is well positioned to advance the proposed endeavor. Education, skills, knowledge, record of success in related or similar efforts, model or plan for future activities, progress toward achieving the proposed endeavor, and interest of potential customers, users, investors, or other relevant entities.
3. On balance, it would be beneficial to the United States to waive the job offer and the labor-certification requirements — typically established by showing impracticality of PERM for the petitioner's role (entrepreneurs, researchers in emerging fields, professionals whose work has urgent national-importance applications).

Who actually wins NIW cases in 2026

The strongest profiles we file:

• Researchers and post-docs with peer-reviewed publications, citations, and a clear research trajectory aligned with U.S. innovation priorities (semiconductors, climate, AI, biotech, advanced manufacturing).
• Founders and entrepreneurs with revenue, customers, hiring, and a credible plan to scale a U.S.-based venture in a strategic sector.
• Skilled professionals in workforce-shortage occupations — physicians serving HPSAs, STEM educators, cybersecurity specialists — whose work USCIS has acknowledged as nationally important in published policy.

What does not work in 2026

USCIS's updated NIW policy (PM-602-0123, expanded 2022) and post-Dhanasar AAO precedent reject NIWs that read like a generic resume + a list of citations. The petition needs a specific endeavor with specific U.S. impact, supported by documentary evidence — not aspirational language.

Premium processing is now available

Since 2023, EB-2 NIW petitions are eligible for 15-business-day premium processing under USCIS's expanded program. We routinely premium-file strong cases to get a decision in 3 weeks rather than 12–18 months.

How we handle this

The NIW petition is a research project that begins 6–10 weeks before filing. We commission expert opinion letters from credentialed referees, draft a detailed business or research plan, assemble citation metrics (Google Scholar, Web of Science, Scopus), and prepare a Dhanasar memorandum that maps each piece of evidence to each prong. The petition itself is a 12–20 page legal brief plus an exhibit binder of 400–800 pages. Strong NIWs in 2026 are still winnable — they just require the work product to actually exist.