EB-2 NIW in 2026: Processing Times, Premium Processing, and the Self-Petition Green Card Tips

Index

• EB-2 NIW processing time in 2025
• The Dhanasar Standard in NIW: Goes Beyond Your CV in 2025-2026
• Is Premium Processing ($2,805) Worth It for My EB-2 NIW Petition?
• EB-2 NIW self-petition checklist: a practical sequence for 2025-2026
• EB-2 NIW Petition Costs & Filing Fees & Requirements (2025-2026)
• Check Your 2025 EB-2 NIW Eligibility: Start Your Self-Petition Today

The EB-2 National Interest Waiver (NIW) is still a self-petition option in 2025, and the filings that get approved tend to have two things in common: 1) how clearly your case meets the Dhanasar three-prong test, and (2) whether your priority date is current under the Visa Bulletin when you’re ready to file for the green card stage (I-485 or consular processing). USCIS also updated NIW guidance in 2025, which emphasized a more evidence-based, “proposed endeavor first” approach in adjudications. 

EB-2 NIW processing time in 2025

According to current USCIS processing times for 2025-2026, a standard I-140 petition for NIW can take anywhere from 8 to 14 months. For many people, however, the actual timeline is determined less by the I-140 decision and more by when the Visa Bulletin allows you to move to the green card stage through I-485 (adjustment of status) or consular processing.

• Premium processing note (I-907): If your priority date is not the limiting factor, premium processing can shorten the I-140 review window by requiring USCIS to take action within 45 business days. Even if it does not move your place in line under the Visa Bulletin, it can reduce uncertainty and help you plan the next steps sooner.
• Priority Date Importance: Filing your I-140 is the only way to secure your priority date and “start the line.” In 2025-2026, even a short delay in filing can push your I-485 or consular processing timeline back if the EB-2 category retrogresses or shows little to no forward movement in the bulletin.
• The 2025-2026 Trend for EB-2 NIW: USCIS has increased scrutiny on the "Proposed Endeavor," making the quality of the initial filing more critical than ever to avoid a lengthy RFE (Request for Evidence) process for both parties. 

The Dhanasar Standard in NIW: Goes Beyond Your CV in 2025-2026

The NIW test comes from Matter of Dhanasar (AAO, 2016). USCIS may grant a national interest waiver if the petitioner shows that:

• the proposed endeavor has substantial merit and national importance,
• the person is well positioned to advance it, and
• on balance, the U.S. benefits from waiving the job offer/labor certification requirement.

USCIS’s January 2025 NIW guidance update did not replace Dhanasar. It emphasized a more structured, evidence-based review of the three prongs (the three required elements of the NIW test) and clarified how officers should evaluate common case types, including entrepreneurship:

1. Substantial Merit & National Importance: Your work must impact a field like AI, renewable energy, healthcare, or national security.

2. Well Positioned to Advance the Endeavor: This prong will always be looking beyond your degree. USCIS is asking whether your overall track record shows you can realistically move the proposed endeavor forward, based on evidence such as publications and citations, patents, and strong expert opinion letters.

3. Waiver Benefits the U.S.: You must prove that the U.S. would benefit more by waiving the job offer/labor certification requirement for you specifically.
    

Read more: Matter of Dhanasar (2016) and the three NIW criteria

The NIW Business Plan: Avoiding the RFE

A weak or vague “NIW business plan” is a common reason USCIS issues RFEs or denies petitions that read like “a resume in a folder.” At the same time, a business plan is not a magic document, and it is not required for every NIW case. Still, for founders, consultants, product builders, and many industry professionals, a structured plan is often the clearest way to explain the proposed endeavor in practical terms. It helps show what you will do in the United States, why it matters on a national level, why you are positioned to succeed and how you will execute the plan.

For that reason, your proposed endeavor should be tightly connected to a specific, actionable plan. Whether you are a pilot, a software engineer, or a CEO, the filing should clearly describe your U.S.-based plan and explain why it is likely to produce measurable economic or societal impact.

Are you struggling to define your proposed endeavor? Email us and write “NIW” in the subject line, and we’ll help you clarify your plan and identify the strongest evidence for your case.

Is Premium Processing ($2,805) Worth It for My EB-2 NIW Petition?

Premium Processing (Form I-907) is an optional upgrade. For a $2,805 fee, you can request premium processing on an NIW I-140 and USCIS will take action within 45 business days.

Should you use it?

• Yes, if you are nearing the end of your H-1B or O-1 status and need an approved I-140 to support an extension strategy.
• No, if your priority date is far from being current. Premium processing may get you a decision faster, but it does not move your priority date forward or improve your position in the Visa Bulletin line.

Strategic Tip: Premium processing does not increase the chance of approval. For that reason, if you plan to use premium processing on a case that depends on a detailed business plan, it is smarter to file with a well-prepared plan developed with an experienced immigration attorney. Otherwise, premium can bring issues to the surface faster, and in some cases it may trigger a quick RFE if the officer needs more support to evaluate a complex plan.

EB-2 NIW self-petition checklist: a practical sequence for 2025-2026

This is the quick self-petition sequence. If you want the full breakdown of eligibility, evidence, and filing strategy read more in our EB-2 NIW Visa Guide.
 

Step 1: Confirm your EB-2 basis

Start by confirming you qualify for EB-2 on paper, either through an advanced degree (or its equivalent) or through exceptional ability. The NIW request is built on top of that EB-2 foundation.

Step 2: Define the proposed endeavor in plain language

Write a tight summary of what you plan to do in the United States, who benefits, and what outcomes you expect. If you cannot explain the endeavor clearly in a short paragraph, USCIS will usually have the same problem.

Step 3: Map your evidence to the Dhanasar criteria

Organize your exhibits by the three NIW criteria. For each prong, list what you already have and what you still need so the record reads like a complete case, not a collection of documents.
Read more about the Dhanasar NIW criteria

Step 4: Use recommendation letters that support the case record

Pick recommenders who can speak to impact, adoption, and national importance based on specific facts. Strong letters connect directly to what is already documented in the filing, rather than repeating generic praise.

Step 5: Build a clean I-140 filing package

Keep one consistent narrative, consistent dates, consistent terminology, and exhibits that support each key claim. Many RFEs come from avoidable gaps, unclear wording, or mismatched evidence.

Step 6: Decide whether premium processing fits your timeline

Use premium processing when faster I-140 action helps your immigration plan. Do not expect it to change Visa Bulletin timing or move your priority date forward.

Step 7: Track the Visa Bulletin and USCIS chart instructions

The Visa Bulletin determines when you can take the green card step, and USCIS specifies which chart adjustment applicants should follow in a given month. For example, in the January 2026 Visa Bulletin, the EB-2 category’s Final Action Dates moved to April 1, 2024 for most countries, September 1, 2021 for China, and July 15, 2013 for India.

The Dates for Filing chart showed October 15, 2024 for most countries, January 1, 2022 for China, and December 1, 2013 for India. These dates help you know when you might be able to file I-485 or consular processing, depending on which chart USCIS is using that month.

Visa Bulletin explainer: Read more: how the Visa Bulletin affects EB-2 NIW timing

Step 8: Move to the green card stage when the category allows it

When your priority date is current, file I-485 (if eligible to adjust in the U.S.) or proceed with consular processing. At that point, speed and accuracy both matter.

EB-2 NIW Petition Costs & Filing Fees & Requirements (2025-2026)

Check Your 2025 EB-2 NIW Eligibility: Start Your Self-Petition Today

If you want to move forward with an EB-2 NIW self-petition, here are three practical options:

1. Start with a quick eligibility check
   Check your EB-2 NIW eligibility with Gozel Law

2. Request the self-petition checklist
   Email us to request the EB-2 NIW document checklist

3. Have a deadline or a complex proposed endeavor?
   Book an initial 15-minute free consultation and speak with our experienced NIW attorneys. In your message, include your field, your country of chargeability, and your current U.S. status, and we will suggest the cleanest strategy for your timeline.