EB-2 NIW · National Interest Waiver

Not how famous you are.
How much your work matters.

A self-petitioned US green card for advanced-degree professionals whose proposed work serves the national interest. A lower bar than EB-1A, and a different question — one that public-health, engineering, and education careers often answer well.

3
Prongs to address
$3,000
Flat fee · self-petition support
10–12
Weeks to a filing-ready package
45
Business days · premium decision
Where our experience comes from

Two founders self-petitioned in the EB-1 category. Our NIW work began in 2026.

Omary Mzava and Adela Luswetula each prepared their own EB-1A self-petitions, and both were approved. Our first NIW files are in preparation and not yet decided — we say so plainly. The Dhanasar framework below is the published test every NIW petition is measured against; nothing here predicts your outcome.

What EB-2 is, and what NIW waives.

In plain English, before the regulations.

EB-2 is the second-preference employment green card, for people with an advanced degree or exceptional ability. Normally it needs an employer to sponsor you and prove no US worker is available — the labour certification.

The National Interest Waiver is an option within EB-2 that can waive the usual job-offer and labour-certification requirements when the evidence shows the waiver is in the national interest of the United States — that is, the US gains more by letting you pursue your work than it would by protecting that job.

So the petition is not about acclaim. It is about a proposed endeavour: what you intend to do in the US, why it matters nationally, and why you are the person positioned to do it. Everything else — degrees, publications, letters — is evidence for that one idea.

The test comes from a 2016 decision, Matter of Dhanasar, and has three prongs. You must meet all three. Files fail most often on the first, when "important work" is presented as locally valuable rather than nationally consequential.

Category
EB-2, second preference — country-of-birth backlogs apply for some
Who files
You. Self-petition on Form I-140, waiver requested
Threshold
Master’s or higher · or Bachelor’s + 5 years progressive experience · or 3 of 6 exceptional-ability criteria
Test
Three Dhanasar prongs — all required
Speed
Premium processing: 45 business days to an I-140 decision
Family
Spouse and unmarried children under 21 included
Strong fits
Public health · clinical research · climate & energy · engineering education · applied AI

How we prepare your NIW petition.

Seven steps, from a viability read to a package ready to file.

01

Profile assessment

A review of your background, credentials and career trajectory against the Dhanasar framework's three prongs — not to score you against a checklist, there isn't one here, but to identify whether a credible national-importance case exists for what you actually do, and where the evidentiary gaps are before you commit to a strategy.

Deliverable — a written assessment of your case's viability under all three prongs.
02

Proposed-endeavour development

This is the centre of an NIW case and the piece EB-1A does not have: defining, in specific and provable terms, what you intend to do in the US. Not a job title or a research interest — a concrete endeavour with national stakes, articulated precisely enough to survive scrutiny on Prong 1 while still matching what your evidence can actually support.

Deliverable — a drafted endeavour statement that anchors the rest of the petition.
03

Evidence strategy

Once the endeavour is defined, we map out what evidence is needed to satisfy all three prongs — degrees, publications, citation record, past outcomes showing you are well positioned to advance the endeavour, and the comparative case for why waiving the labour certification benefits the US more than protecting a specific job would. Unlike EB-1A, there is no picking a favourable subset — every prong has to be met.

Deliverable — an evidence plan tied to each of the three prongs, plus a gap list if more evidence is needed.
04

Recommendation-letter guidance

We help identify who should write on your behalf and what their letters need to establish — typically that you are positioned to succeed at the endeavour, and that the endeavour itself carries the national importance you are claiming, not just praise for your general talent.

Deliverable — a letter strategy and drafting guidance for each recommender.
05

Petition drafting

The legal brief that lays out the endeavour and argues each of the three Dhanasar prongs in turn, tying your evidence to the legal standard. This is where most NIW petitions succeed or fail — cases are most often denied when "important work" is argued as locally valuable rather than nationally consequential, so the brief has to make that case explicitly.

Deliverable — a complete petition brief ready for filing.
06

Evidence indexing

An exhibit list and table of contents cross-referencing every document to where it is cited in the brief, so the reviewing officer can follow the evidence prong by prong rather than hunting through an unlabelled stack.

Deliverable — a numbered exhibit index matching the brief's citations.
07

Filing package preparation

Assembling the forms, brief, indexed evidence and letters into one complete, submission-ready package.

Deliverable — a complete, filing-ready EB-2 NIW package.

The three prongs.

All three must hold. We draft the proposed endeavour first, then build each prong's evidence around it.

Prong 1

Substantial merit and national importance

The endeavour must have intrinsic value and implications beyond one employer or region.

  • Health outcomes across a population
  • Economic or workforce effects
  • Climate, energy, or infrastructure resilience
  • US competitiveness in a critical field
Prong 2

Well positioned to advance it

Your education, record, plan, and backing show you can actually do the thing.

  • Degrees, licences, certifications
  • Publications, citations, patents
  • Grants, funding, institutional interest
  • Expert letters and a concrete plan
Prong 3

On balance, waive the job offer

The US benefits more from you pursuing the work than from the labour-certification process.

  • Urgency of the endeavour
  • Impracticality of a job offer
  • Benefit even with US workers available
  • Your record justifies the exception

The EB-2 threshold.

Before the prongs, you must qualify for EB-2 at all. An advanced degree does it alone. Otherwise, three of these six.

01

Degree relating to your area of ability

Official academic record — degree, diploma, or certificate from a recognised institution.

02

Ten years of full-time experience

Letters from current or former employers documenting the years and the role.

03

Licence to practise

Professional licence or certification for your occupation.

04

Salary demonstrating exceptional ability

Remuneration that shows exceptional ability relative to peers — with comparative data.

05

Professional association membership

Membership in associations related to your field.

06

Recognition of contributions

By peers, government, professional or business organisations — for achievements and significant contributions.

Most of our applicants qualify by degree. A master’s, MD, or PhD satisfies the threshold on its own, and the whole case then rests on the prongs.

Check your own record.

Tick what you could document today and whether you believe each prong holds. Verdicts carry across our EB-1A and Canada pages.

The route, week by week.

Solid stops are our work with you. Hollow stops are government processing.

NIW against the alternatives.

It is permitted — and sometimes wise — to file EB-1A and NIW concurrently.

What it costs.

Flat fees, published. Government filing fees are separate and paid by you directly to USCIS.

Start here

Profile assessment

$15060 minutes · credited to the support package

We arrive having tried to state your proposed endeavour in one sentence. If that sentence will not come, we say so.

Book a profile assessment
Self-petition support

EB-2 NIW, end to end

$3,000flat · profile assessment credited

From written assessment to a filing-ready package you submit yourself.

  • Written assessment against the three prongs
  • Proposed-endeavour statement support
  • Expert-letter guidance, prong by prong
  • Evidence & policy-source index
  • Drafting support, two revision rounds
  • 30 days of post-decision support
Start with an assessment
Already drafted?

Application review

From $500three tiers below

You wrote it; we read each prong against the published Dhanasar framework and show you where it is thin.

See review tiers

Application review

your own draft
Draft review

Full read, written list of weak points by prong, one hour to discuss.

$500
Comprehensive review

Draft review plus rewriting support for two critical sections — usually the endeavour statement and Prong 1.

$1,200
Review + rework

Rewriting support across every section and fresh guidance for your letter writers. Working sessions until you are ready to file.

$2,000

RFE / NOID response

you have received a notice
Single prong

Preparation support for a response to one contested prong or the threshold finding. Two working sessions.

$900
Comprehensive response

Preparation support across every point in the notice: new evidence organised and indexed, letter guidance refreshed. Sessions until you submit.

$1,800
Rush. Package ready in four weeks instead of ten to twelve. Subject to complexity and availability. Added to any self-petition support package.
+ $1,000

One sentence decides the case.

Bring your CV. We will bring a first draft of your proposed endeavour, and an honest view of whether NIW or EB-1A carries it better.

Book a profile assessment →Compare with EB-1A
Not a law firm
Fursa Access Consulting LC is not a law firm and does not provide legal advice, legal opinions, or legal representation, and no attorney-client relationship is created by using this site or engaging our services. We provide preparation and organisational support: we help you gather, structure, document and draft your own application materials. You remain the petitioner or applicant and you submit your application to the relevant government agency yourself. Any information here is general and educational, not advice about your individual case. Whether you qualify, and what to submit, is determined solely by the adjudicating authority. If your matter calls for legal advice or representation, we will tell you and recommend you engage a licensed attorney.