Merit-based · document checklist
EB-2 NIW document checklist
The National Interest Waiver asks USCIS to waive the job offer and labor certification requirements because the beneficiary's proposed endeavour serves the national interest. Since 2016 the controlling framework is Matter of Dhanasar, which replaced the older NYSDOT test with three prongs that must each be satisfied on a preponderance-of-the-evidence standard. NIW packets are evidence-dense and narrative-driven, which is precisely why they are the single most expensive petition type to assemble by hand.
Governing standard
Matter of Dhanasar three-prong framework
26 I&N Dec. 884 (AAO 2016)
Top RFE trigger: Dhanasar Prong 2 — well-positioned evidence describes the field, not the beneficiary
Criteria and evidence mapping- Documents listed
- 20
- Always required
- 12
- Median exhibit pages
- 340
- Initial RFE rate
- 28.4%
The checklist
Grouped by the purpose each document serves.
Documents marked as always required belong in every filing of this type. The rest apply where the fact pattern calls for them.
Beneficiary identity and status
3 required of 4
Passport biographic page
All pages with entry stamps for the last five years
Current I-94 arrival record
Retrieved from CBP, not the paper card
Prior approval notices (I-797)where applicable
Every prior nonimmigrant approval, in chronological order
Birth certificate with certified translation
8 CFR 103.2(b)(3) requires a translator competence certificate
Qualification under EB-2
2 required of 4
Advanced degree diploma
Or bachelor's plus five years of progressive experience
Official transcripts
Sealed or issuing-institution certified
Foreign credential evaluationwhere applicable
US equivalency from a recognised evaluator
Experience letters on employer letterheadwhere applicable
Signed, dated, describing progressive responsibility
Prong 1 evidence
3 required of 4
Proposed endeavour statement
Specific, not a general field description
Publication list with full citations
Journal, year, DOI and impact factor
Citation report
Google Scholar or Scopus export with capture date
Government and agency reportswhere applicable
Establishing the national importance of the field
Prong 2 evidence
1 required of 4
Independent expert letters
Five to eight, with CVs attached as sub-exhibits
Grant and funding recordswhere applicable
Award letters with amounts and roles
Evidence of adoption or implementationwhere applicable
Licensing, deployment, standards adoption or press
Peer review or editorial service recordswhere applicable
Invitations and completed review confirmations
Prong 3 and forms
3 required of 4
Form I-140 draft
Cross-checked against every exhibit assertion
Form ETA-9089 (if applicable)where applicable
Not required for NIW but checked if present in the matter
Form G-28
Signed by the attorney of record and the petitioner
Filing fee record
Current fee schedule check at filing date
This page prints cleanly — use it as a client-facing document request list.
Failure modes
What draws a request on a EB-2 NIW.
Having every document on the list is necessary and not sufficient. These are the structural problems that produce requests even when the evidence is present.
Full RFE trends hub- Prong 2 evidence that describes the field rather than the beneficiary's individual record
- Expert letters that are visibly templated across multiple signatories
- Citation reports with no capture date or no self-citation exclusion
- A proposed endeavour framed so broadly it reads as an occupation, not an endeavour
- Exhibits cited in the cover letter that do not resolve to the page range given
Also merit-based
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