{"id":"usa-eb2-niw","name":"USA EB-2 National Interest Waiver Green Card","type":"RBI","status":"operational","country":"United States","country_code":"US","url":"https://www.mirabelloconsultancy.com/immigration/usa-eb2-niw-green-card","min_investment":{"amount":null,"currency":"USD","route":"Self-petitioned green card with the job-offer requirement waived in the national interest (no investment)"},"qualification_basis":"investment","investment_routes":[{"name":"EB-2 NIW self-petition","type":"Talent/endeavour-based immigrant petition filed by the beneficiary on their own behalf","min":null},{"name":"EB-2 NIW filed by a US employer on the beneficiary's behalf","type":"Same E21 NIW classification, petition filed by an employer","min":null}],"family_pricing":null,"processing_time":"No single official timeline. I-140 adjudication can be 45 business days with premium processing; total time to a green card depends on visa availability for the applicant's country and on I-485 or consular processing times.","visa_free_count":179,"passport_index_rank":null,"key_destinations":null,"travel_access":null,"minimum_stay":null,"tax_note":"tax residency: A green-card holder is a US tax resident under the IRS green card test from the first day of lawful permanent residence in a calendar year, and US residents' worldwide income is subject to US tax and must be reported on a US return. Resident status under this test continues until the green card status is abandoned in writing to USCIS or administratively or judicially terminated.","path_to_citizenship":{"summary":"Naturalisation via Form N-400 after at least 5 years as a lawful permanent resident, with continuous residence for those 5 years, physical presence of at least 30 months, 3 months in the state or USCIS district, good moral character, basic English and civics, and the Oath of Allegiance. Applicant must be at least 18.","n400_fee":{"amount":760,"amount_online":710,"currency":"USD","verified_date":"2026-10-12","source_url":"https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf"},"source_url":"https://www.uscis.gov/citizenship/learn-about-citizenship/citizenship-and-naturalization/i-am-a-lawful-permanent-resident-of-5-years","verified_date":"2026-10-13"},"highlights":["US green card (permanent residence) by self-petition","Advanced degree or exceptional ability + the three-part Dhanasar test","No investment and no employer sponsor required"],"atomic_answer":"The EB-2 National Interest Waiver is a US green card for holders of an advanced degree or exceptional ability whose proposed work has substantial merit and national importance; under the three-part Dhanasar test the job offer and labour certification can be waived, so applicants may self-petition.","fees":{"due_diligence":null,"processing":null,"interview":null,"certificate":null,"application_main":null,"application_dependent":null,"notes":null,"other":{"note":"Government fees only — separate from Mirabello's advisory fee and from the independent attorney's legal fee. Source: USCIS G-1055 Fee Schedule (edition 10/07/26). Re-verify before each publish."}},"last_updated":"2026-10-13","data_freshness":{"verification_confidence":92,"last_verified":"2026-10-13","fields_tracked":4,"stale_fields":0},"mirabello_index":{"composite":83.9,"rank_overall":null,"rank_in_type":null,"scores":{"speed":86,"mobility":100,"tax":55,"stability":65},"confidence":0.57},"regulatory_status":{"fatf_list":null,"eu_tax_list":null,"us_sanctions":null,"oecd_crs_high_risk_scheme":false,"as_of":"2026-06","status":"not listed on FATF, EU tax, US OFAC, or OECD CRS-risk lists"},"processing_stages":["Profile assessment (Mirabello advisory scope) and legal eligibility assessment by an independent licensed US immigration attorney","Definition of the specific proposed endeavour and evidence package against EB-2 eligibility and the three Dhanasar prongs","Form I-140 (E21 NIW) filed with USCIS with ETA-9089 Appendix A and Final Determination (optional premium processing, 45 business days)","Once a visa number is available for the applicant's priority date and chargeability country: adjustment of status (I-485) inside the US, or consular processing abroad","Green card issued (lawful permanent resident)"],"required_documents":null,"biometric_enrolment":null,"dependant_additions":null,"nationality_naturalisation":null,"region":"North America","family":{"id":"usa-eb2-niw","country_code":"US","family_model":"both","relatives":{"spouse":{"eligible":true,"unmarried_partner":false,"same_sex":true,"min_age_inclusive":null,"conditions":"Derivative beneficiary under INA 203(d) ('accompanying or following to join'). USCIS EB-2 page refers to spouse and children in 'E-21 and E-22' immigrant status (wording as published). Same-sex marriage recognised on the place-of-celebration rule: USCIS Policy Manual Vol 6 Pt B Ch 6 states same-sex marriage is a lawful basis for immigration benefits where valid in the place of celebration, even if the state of residence does not recognise it. Civil unions, domestic partnerships and other relationships not recognised as marriage in the place of celebration are generally not treated as marriages. Proxy marriages (parties not physically present) are not a 'spouse' unless consummated (INA 101(a)(35))."},"children":{"eligible":true,"max_age_inclusive":20,"age_rule_text":"Unmarried children under 21 (USCIS EB-2 page; INA 101(b)(1)); age protected by CSPA calculation.","age_measured_at":"CSPA age: age at visa availability minus I-140 pending time; must also be unmarried; must seek to acquire LPR within 1 year of visa availability","adult_child_max_age_inclusive":null,"adult_child_conditions":"A child whose CSPA age is 21 or over, or who marries, is not a derivative and needs an independent basis. No dependency/disability extension.","step_adopted":"INA 101(b)(1): stepchild qualifies if the marriage creating the step-relationship occurred before the child turned 18; adopted child qualifies if adopted before age 16 and in the adopting parent's legal custody and residing with them for at least 2 years (or the abuse exception); legitimated and born-out-of-wedlock children qualify on the stated conditions.","disabled_child_any_age":false,"age_bands_for_fees":["under 14 (I-485 filed concurrently with a parent)","14 and over"]},"parents":{"eligible":false,"conditions":"INA 203(d) covers only spouse and child of the principal."},"grandparents":{"eligible":false},"siblings":{"eligible":false},"other":{"eligible":false}},"timing":{"together_with_main_applicant":true,"add_later":true,"add_later_conditions":"INA 203(d): spouse and children are entitled to the same status and order of consideration if 'accompanying or following to join' the principal. In the US, each derivative files their own I-485 (can be concurrent with the principal's once a visa number is available); abroad, each files a DS-260 for consular processing. The derivative's green card cannot be issued independently of the principal's.","add_later_deadline":null,"after_approval_births_marriages":null,"age_out_during_processing":"CSPA (INA 203(h)) applies to employment-based preference derivatives (USCIS Policy Manual Vol 7 Pt A Ch 7). CSPA age = age on the date a visa 'becomes available' minus the time the I-140 was pending (approval date minus filing date). Visa availability date = the later of I-140 approval or the first day of the month the Visa Bulletin shows the priority date current; USCIS uses the Final Action Dates chart, except that for adjustment applications filed before 15 Aug 2025 the former Feb 2023 policy (Dates for Filing chart) applies. The child must have 'sought to acquire' permanent residence (e.g. filed I-485 or the consular equivalent) within 1 year of visa availability, unless extraordinary circumstances. The child must remain unmarried."},"costs":{"currency":"USD","contribution_includes_family":"No investment. One I-140 for the principal covers the family; each family member pays their own adjustment or immigrant-visa fees.","per_category":{"spouse":null,"child_under_18":null,"child_18_plus":null,"parent":null},"government_fees":[{"item":"Form I-140 petition (principal only)","amount":715,"currency":"USD","applies_to":"principal; online $665; plus Asylum Program Fee per KB ($300 for a self-petitioner / individual per KB). NIW self-petition; no labour certification."},{"item":"Form I-485 adjustment of status (age 14 and over)","amount":1440,"currency":"USD","applies_to":"each applicant in the US, incl. each derivative; online $1,390"},{"item":"Form I-485 (under 14, filed concurrently with a parent's I-485)","amount":950,"currency":"USD","applies_to":"each child under 14; online $900"},{"item":"Form I-765 EAD with I-485 pending (filed with fee on/after 1 Apr 2024)","amount":260,"currency":"USD","applies_to":"each family member requesting an EAD while the I-485 is pending"},{"item":"Form I-131 advance parole with pending I-485","amount":630,"currency":"USD","applies_to":"each applicant requesting travel document; online $580"},{"item":"Immigrant visa application processing fee (DS-260), employment-based","amount":345,"currency":"USD","applies_to":"each immigrant-visa applicant abroad incl. derivatives (22 CFR 22.1, per KB verification 2026-10-12)"},{"item":"USCIS Immigrant Fee","amount":235,"currency":"USD","applies_to":"each person immigrating on an immigrant visa (consular route)"},{"item":"Premium processing (I-907) for I-140","amount":2965,"currency":"USD","applies_to":"optional, principal only; 45 business days for E21 NIW"}],"due_diligence_per_adult":null,"notes":"USCIS fees from Form G-1055 Edition 10/07/26, re-read 2026-10-13 (I-485, I-765, I-131, USCIS Immigrant Fee). DS-260 fee from 22 CFR 22.1 per KB (not re-read: eCFR blocked). Medical examination fees and attorney fees not included."},"dependants_status":{"residence_obligation":"Permanent residence (no conditional period for this category); LPR status must be maintained.","work_rights":"As LPRs: unrestricted. While I-485 pending: EAD via I-765 for spouse and children.","independent_after":"Once LPR status is granted each holder keeps it independently.","citizenship_path":"derivative of status; individual naturalisation clock (generally 5 years as LPR)","if_principal_divorces_or_dies":null},"verification":"single-authority verified","confidence":{"authority":0.9,"freshness":0.9,"textual_clarity":0.8},"evidence":[{"field":"relatives.children.max_age_inclusive","basis":"USCIS EB-2: 'If your I-140 petition is approved, your spouse and unmarried children under the age of 21' may be eligible for derivative immigrant status","source_url":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2","source_tier":"B_official_guidance","verified_date":"2026-10-13"},{"field":"timing.add_later_conditions","basis":"INA 203(d) (8 USC 1153(d)): spouse/child entitled to same status and order of consideration 'if accompanying or following to join'","source_url":"https://www.law.cornell.edu/uscode/text/8/1153","source_tier":"A_primary_legislation","verified_date":"2026-10-13"},{"field":"timing.age_out_during_processing","basis":"Policy Manual Vol 7 Pt A Ch 7: employment-based preference derivatives covered; Final Action Dates chart; Dates for Filing for I-485 filed before 15 Aug 2025; 1-year sought-to-acquire","source_url":"https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7","source_tier":"B_official_guidance","verified_date":"2026-10-13"},{"field":"relatives.spouse.same_sex","basis":"Policy Manual Vol 6 Pt B Ch 6 place-of-celebration rule","source_url":"https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-6","source_tier":"B_official_guidance","verified_date":"2026-10-13"},{"field":"relatives.children.step_adopted","basis":"INA 101(b)(1)","source_url":"https://www.law.cornell.edu/uscode/text/8/1101","source_tier":"A_primary_legislation","verified_date":"2026-10-13"},{"field":"costs.government_fees","basis":"Form G-1055 Edition 10/07/26: I-140 $715/$665; I-485 $1,440/$1,390; under-14 $950/$900; I-765 $260; I-131 $630/$580; USCIS Immigrant Fee $235","source_url":"https://www.uscis.gov/sites/default/files/document/forms/g-1055.pdf","source_tier":"A_official","verified_date":"2026-10-13"},{"field":"costs.government_fees (DS-260 $345)","basis":"22 CFR 22.1 per KB verification 2026-10-12","source_url":"https://www.ecfr.gov/current/title-22/chapter-I/subchapter-C/part-22/section-22.1","source_tier":"A_official","verified_date":"2026-10-13"}],"conflicts":[{"field":"relatives.spouse.conditions (classification codes)","kb":"KB gives no derivative codes","official":"USCIS EB-2 page says spouse and children 'E-21 and E-22' respectively; KB premium-processing note uses E21 for the NIW principal","resolution":"Codes quoted as published; not used for any client-facing figure"}],"gaps":["Spouse married after the principal became an LPR: not a following-to-join derivative (would need a separate family petition) — not verified from 9 FAM in this pass","Post-15 Aug 2025 CSPA wording: page read describes Final Action Dates as the general rule; the tail of the Policy Manual chapter was not fully read","Effect of principal's death (INA 204(l)) or divorce on derivatives","Same-sex spouse rule sourced from family-based Policy Manual chapter, applied to employment-based derivatives by the same marriage-validity rule","Medical examination fees; DS-260 fee not re-read on 2026-10-13","Asylum Program Fee amount for self-petitioners per KB, not re-read on G-1055 in this pass"],"last_checked":"2026-10-13"},"provider":"Mirabello Consultancy","source":"Mirabello Consultancy","verified_by":"Mirabello Consultancy (IMC member, ACAMS certified)","book_a_consultation":"https://www.mirabelloconsultancy.com/contact-us-for-your-free-consultation","terms":"https://www.mirabelloconsultancy.com/ai","disclaimer":"Provided by Mirabello Consultancy Ltd. for general information only, indicative and subject to change without notice; not legal, financial, tax, or immigration advice, nor an offer or solicitation. Programmes are operated and governed solely by the respective sovereign governments. No warranty of accuracy or completeness; Mirabello accepts no liability for reliance on this information. © Mirabello Consultancy Ltd. This data and its selection, structure and provenance are Mirabello's proprietary compilation — permitted for interactive, attributed use only; systematic bulk extraction, scraping, or redistribution to rebuild a competing dataset is prohibited (acceptable-use terms: https://mcp.mirabelloconsultancy.com/v1/terms). Terms: https://www.mirabelloconsultancy.com/ai","data_updated":"2026-10-16T09:42:35.888Z","government_fees":"see schedule","tax":"tax residency: A green-card holder is a US tax resident under the IRS green card test from the first day of lawful permanent residence in a calendar year, and US residents' worldwide income is subject to US tax and must be reported on a US return. Resident status under this test continues until the green card status is abandoned in writing to USCIS or administratively or judicially terminated.","claims_provenance":{"government_fees":{"source_url":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2","source_tier":"official","verified_at":"2026-10-13","confidence":92,"review_due_at":"2027-01-11"},"path_to_citizenship":{"source_url":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2","source_tier":"official","verified_at":"2026-10-13","confidence":92,"review_due_at":"2027-01-11"},"processing_time":{"source_url":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2","source_tier":"official","verified_at":"2026-10-13","confidence":92,"review_due_at":"2027-01-11"},"tax":{"source_url":"https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2","source_tier":"official","verified_at":"2026-10-13","confidence":92,"review_due_at":"2027-01-11"}}}