EB-2 NIW in 2026: approval rates, the Dhanasar test and how to build a stronger case

The EB-2 National Interest Waiver lets advanced-degree professionals or people with exceptional ability skip the job offer and labor certification. For years it was considered one of the most accessible employment green cards. That changed: reported USCIS data showed approval rates of about 42.5% in Q1 and 48.1% in Q2 of fiscal year 2026.

The Dhanasar three-prong test

• Your proposed endeavor has substantial merit and national importance.
• You are well positioned to advance that endeavor.
• On balance, it benefits the U.S. to waive the job offer and labor certification.

Why petitions fail

• A vague endeavor (“I will contribute to the U.S. economy”) instead of a concrete plan.
• National importance asserted, not shown — no data, policy documents or expert support.
• Strong credentials but no proof of progress toward the specific endeavor.

How to build a stronger case

Start with the endeavor: what exactly you will do, for whom, and why it matters beyond one employer. Then connect your record to that plan with letters from independent experts, evidence of traction (grants, contracts, users, citations) and documents that show the issue matters nationally.

Timing

For most countries, EB-2 retrogressed to January 1, 2025 in the October 2026 Visa Bulletin. Check where your priority date stands before planning the green card stage.