Question 1

Are there specific considerations for Australian nationals applying for EB-2 NIW?

Accepted Answer

Australian nationals have access to the E-3 visa (specialty occupation, annual cap of 10,500), E-2 treaty investor visa, and face minimal EB-2/EB-3 backlogs. The E-3 is a significant advantage unique to Australians.

Question 2

What is the Dhanasar test for NIW?

Accepted Answer

The Dhanasar framework (established in 2016) requires USCIS to evaluate three prongs: (1) the proposed endeavor has both substantial merit (is it important in its field?) and national importance (does it have broad implications for the U.S., not just local impact?); (2) the applicant is well-positioned to advance the endeavor (education, skills, track record, plan); and (3) it would be beneficial to the U.S. to waive the job offer requirement (self-sufficiency, unique contributions, U.S. interest in attracting this person). Meeting all three prongs is required for approval.

Question 3

Can startup founders use EB-2 NIW?

Accepted Answer

Yes — and USCIS explicitly acknowledged in Dhanasar that entrepreneurs and startup founders can qualify for NIW. The key is framing the proposed endeavor (your startup and its mission) as having national importance, and demonstrating you are well-positioned to execute it. Evidence of funding, patents, letters from investors or industry experts, and a clear business plan all strengthen the case. We have helped many startup founders obtain NIW approvals.

Question 4

What fields most commonly get NIW approval?

Accepted Answer

NIW has historically favored STEM fields, healthcare, and academia — areas with clear national importance. However, USCIS adjudicates NIW petitions across many fields including business, education, law, journalism, social work, and the arts. The key is not the field itself but the quality of the argument for national importance and the strength of evidence showing you are well-positioned and uniquely valuable to U.S. interests.

Question 5

How strong does my EB-2 NIW case need to be versus EB-1A?

Accepted Answer

NIW requires meeting the EB-2 standard (advanced degree or exceptional ability) plus demonstrating national interest. EB-1A requires demonstrating extraordinary ability (a higher standard than EB-2 exceptional ability). In practice, many applicants pursue both NIW and EB-1A simultaneously — NIW as a more accessible backup and EB-1A as the premium option. We evaluate which strategy makes most sense based on your background.

Question 6

What is the priority date situation for EB-2 NIW?

Accepted Answer

For most nationalities, EB-2 priority dates are current (meaning you can file I-485 immediately after I-140 approval). For Indian and Chinese nationals, significant backlogs exist — sometimes decades long. In such cases, we help clients plan accordingly, including exploring EB-1A (which has a separate quota), maintaining valid nonimmigrant status, or considering alternative immigration strategies.

EB-2 NIW Visa for Australian Nationals

EB-2 NIW considerations for Australian nationals

Eligibility requirements

Frequently Asked Questions

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