# EB-2 NIW Requirements: Do You Qualify? (The 3-Prong Test, 2026) > Altius Immigration Law PLLC is a U.S. immigration law firm in Washington, D.C., serving clients in all 50 states. Principal attorney: André Matias. Practice areas: green cards, family-based immigration, employment-based and temporary work visas (H-1B, L-1, O-1, P-1), investment visas (E-2), adjustment of status, and citizenship & naturalization. Source: https://altius.law/blog/eb-2-niw-requirements/ Summary: What the EB-2 National Interest Waiver actually requires: the baseline EB-2 categories and the three Dhanasar factors USCIS applies, in plain English. The EB-2 National Interest Waiver (NIW) is one of the few green-card paths where you can **petition for yourself** — no employer sponsor, no job offer, and no labor certification. That independence is exactly why USCIS examines NIW petitions carefully. This page explains the two things every NIW case must establish: that you qualify for the **EB-2 category** at all, and that your work merits the **waiver** itself. Everything below is drawn from [USCIS's own EB-2 guidance](https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2). For how the process runs end to end once you qualify, see our [EB-2 NIW service page](/employment-based-immigration/eb-2-niw/). ## Step 1: You Must Qualify for EB-2 Itself The waiver sits on top of the EB-2 category, so you must first fit one of its two sub-categories: ### Advanced Degree Professional You hold a U.S. master's degree or higher (or a foreign equivalent) — **or** a bachelor's degree followed by **at least five years of progressive experience** in your specialty, which USCIS treats as the equivalent of a master's. The experience must postdate the degree and relate to your field or your proposed work. ### Exceptional Ability You can show "a degree of expertise significantly above that ordinarily encountered" in the sciences, arts, or business. USCIS asks for **at least three** of these six kinds of evidence: - An official academic record relating to your area of ability - Letters documenting **at least 10 years** of full-time experience in your occupation - A license or certification to practice your profession - Evidence that your salary or remuneration demonstrates exceptional ability - Membership in professional associations - Recognition of your achievements by peers, government entities, or professional organizations Comparable evidence is also acceptable where these categories don't fit your field. ## Step 2: The Three-Prong National Interest Test For the waiver itself, USCIS applies the three factors from *Matter of Dhanasar*, its controlling framework: ### Prong 1 — Your endeavor has substantial merit and national importance The "endeavor" is more specific than your occupation: not "I am an engineer" but *what you specifically propose to do*. USCIS asks for a detailed description of the work and evidence of its potential impact — economic, scientific, technological, cultural, or in health or education. ### Prong 2 — You are well positioned to advance the endeavor Your education, skills, record of success, funding, progress to date, and interest from customers, investors, or institutions. This prong is about *you*: why you, specifically, are the person likely to move this work forward. ### Prong 3 — On balance, waiving the job offer benefits the United States Why it makes sense to excuse the usual labor-certification process in your case — for example, because your contribution is urgent or because tying you to one employer's job description would hold the work back. USCIS reviews the **totality of the evidence** — no single document decides an NIW. A well-organized petition addresses each prong in order, with evidence mapped to each. ## Common Misconceptions **"NIW requires a PhD."** No. A master's — or a bachelor's plus five years of progressive experience — meets the advanced-degree baseline, and exceptional ability is an independent route. **"I need publications."** Publications help researchers show prong 2, but entrepreneurs and professionals establish it with business records, funding, contracts, and results. USCIS's own policy discusses evidence for **STEM professionals and entrepreneurs** specifically. **"Someone must sponsor me."** The NIW's defining feature is self-petition: you file [Form I-140](https://www.uscis.gov/i-140) on your own behalf. ## What Filing Looks Like An NIW petition is a Form I-140 accompanied by Form ETA-9089 Appendix A and a signed Final Determination — plus the evidence for the two steps above. We deliberately don't quote fees or processing times here because both change; the official [USCIS fee schedule (G-1055)](https://www.uscis.gov/g-1055) and [processing times tool](https://egov.uscis.gov/processing-times/) publish current figures. ## Is the NIW Right for You? Whether your profile clears the three prongs is a judgment call — the endeavor's framing is often the difference between an approval and a Request for Evidence. That framing is the core of how we build these cases. [Schedule a consultation](https://calendly.com/altiuslaw/initial-consultation) and we'll assess your qualifications against each prong, honestly. ## EB-2 NIW Requirements FAQ #### Do I need a job offer for an EB-2 NIW? No. The waiver removes the job-offer and labor-certification requirements, and you may file the I-140 yourself. That is [USCIS's own description](https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2) of the category. #### Can my family come with me? If your I-140 is approved, your spouse and unmarried children under 21 may be eligible for E-21 and E-22 immigrant status. #### How strong does my evidence need to be? USCIS weighs the totality — a focused endeavor statement supported by consistent evidence on all three prongs beats a thick file that addresses none of them directly. This is where preparation matters most. --- Book a consultation: https://altius.law/scheduling/ Phone: +1 (202) 794-9140 Website: https://altius.law