The EB-2 immigrant visa category is one of the most widely used employment-based pathways to permanent residence for Brazilian professionals. EB-2 National Interest Waiver (NIW) allows certain qualified professionals to self-petition directly with U.S. Citizenship and Immigration Services (USCIS), without needing a permanent job offer, an employer sponsor, or the labor certification (PERM) process typically required for EB-2 petitions.
At Colombo & Hurd, we have helped many Brazilian professionals pursue this pathway across a wide range of fields, and we have seen firsthand the factors that often distinguish successful EB-2 NIW petitions from those that fall short.
What Is the EB-2 NIW?
The EB-2 NIW is a classification within the EB-2 employment-based immigrant visa category authorized under Section 203(b)(2) of the Immigration and Nationality Act (INA). It is available to professionals who either hold an advanced degree (or its equivalent) or can demonstrate exceptional ability in the sciences, arts, or business, and whose proposed work has substantial merit and national importance, justifying the U.S. government waiving the standard job offer and labor certification requirements.
The waiver itself is the critical feature: it gives professionals the flexibility to self-petition and pursue permanent residence based on their qualification and proposed endeavor, rather than relying on a specific employer to sponsor the petition through the PERM labor certification process.
For Brazilian professionals, this can provide a pathway to U.S. permanent residence based on the potential impact of the work they plan to carry out in the United States, rather than requiring sponsorship from a specific employer.
Basic Eligibility: Two Pathways for Brazilian Professionals
Before USCIS evaluates whether your work qualifies NIW, you must first establish that you meet the underlying EB-2 classification. There are two primary ways to qualify under EB-2 eligibility requirements.
The Advanced Degree Pathway
An “advanced degree” under USCIS policy generally means a U.S. academic or professional degree above a bachelor’s degree, or a foreign equivalent degree. USCIS also recognizes a U.S. bachelor’s degree (or foreign equivalent) followed by at least five years of progressive, post-baccalaureate experience in the specialty as equivalent to an advanced degree.
For Brazilian professionals, determining the U.S. equivalency of the academic credential is an important step in the case, and credential type can significantly affect how the degree is evaluated.
| Brazilian Credential | Typical Duration | U.S. Equivalency |
| Bacharelado | 4–6 years | Generally equivalent to a U.S. bachelor’s degree; when combined with at least five years of progressive post-degree experience in the field, it may satisfy the EB-2 advanced degree requirement |
| Mestrado (Stricto Sensu) | 2–2.5 years | Typically considered comparable to a U.S. master’s degree; usually involves a thesis or research component |
| Doutorado (Stricto Sensu) | Over 4years | Generally considered comparable to a U.S. Ph.D. |
| Título de Tecnólogo | 2–3 years | Often evaluated as less than a U.S. bachelor’s degree and may be treated as a partial undergraduate-levelstudy depending on evaluation |
| Lato Sensu / Especialização(including many Brazilian MBAs) | 1–2 years | Usually considered post-graduate specialization or continuing education and generally not treated as equivalent to a U.S. master’s degree |
The distinction between Stricto Sensu and Lato Sensu programs is often relevant in credential evaluations, and it can sometimes lead to requests for evidence (RFEs) if the degree equivalency is unclear. A petitioner relying on a bachelor’s degree and five years of post-baccalaureate progressive experience must clearly document the degree equivalency and the progressive nature of the work experience, as USCIS closely reviews this requirement.
Brazilian academic credentials are submitted to a recognized credential evaluation agency, which reviews them to determine whether the degree is equivalent to a corresponding degree in the United States.
The Exceptional Ability Pathway
For professionals without a qualifying degree (an advanced degree or a bachelor’s degree with 5 years of full-time post-graduation experience), the “exceptional ability” pathway requires demonstrating a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.
To qualify, petitioners must satisfy at least three of the following six regulatory criteria:
- Official academic records showing a degree or certificate in the relevant field
- Letters from employers documenting at least 10 years of full-time experience in the occupation
- A license or certification to practice the profession (for example, CREA for engineers or CFM for physicians in Brazil)
- Evidence of a salary or other remuneration that demonstrates exceptional ability compared to others working in the field
- Membership in professional associations that require outstanding achievement for admission
- Recognition for achievements and significant contributions from peers, government entities, or professional or business organizations.
The Three-Prong Framework: What USCIS Is Really Looking For
The standard for evaluating national interest waivers was established in the 2016 precedent decision Matter of Dhanasar, which remains the governing framework applied by USCIS officers for EB-2 NIW petitions. Under this framework, a petitioner must satisfy three prongs by a preponderance of the evidence, demonstrating that the claim is more likely than not to be true.
The first prong asks whether the proposed endeavor has substantial merit and national importance. Substantial merit refers to the intrinsic value of the work within its field. National importance requires demonstrating that the work has broader implications beyond a single employer or geographic area.USCIS evaluates national importance based on the potential prospective impact of the endeavor, rather than its geographic scope alone.
Aligning the proposed endeavor with broader U.S. economic, technological, or public policy interests, such as Infrastructure Investment and Jobs Act, emerging technologies, or public health, can help illustrate national importance when supported by credible evidence. Describing general job duties is not enough. USCIS expects a clearly defined proposed endeavor and evidence of its anticipated impact.
For a deeper look at how the first prong is evaluated, including the distinction between substantial merit and national importance, see our in-depth analysis.
The second prong evaluates whether the petitioner is well-positioned to advance the proposed work. This is a comprehensive review of the petitioner’s educational background, track record of success, current progress toward the endeavor, and a viable plan for execution. A strong petition typically includes recommendation letters from individuals with relevant expertise who can credibly assess the significance of the work. While letters from U.S.-based professionals can be helpful, USCIS does not require that recommenders be located in the United States.
For a deeper look at how USCIS evaluates whether you are well-positioned to advance your proposed endeavor, see our in-depth analysis.
The third prong is a balancing test. USCIS weighs whether, on balance, it would benefit the United States to waive the job offer and labor certification requirements. This involves assessing factors such as whether the petitioner’s contributions have broader national value, whether the nature of the work supports self-direction, and whether requiring a labor certification would limit the petitioner’s ability to advance the proposed endeavor.
For a deeper look at how USCIS determines whether granting a national interest waiver benefits the United States, see our in-depth analysis.
Success Stories: Brazilian Professionals Who Have Secured EB-2 NIW Approval
Finance Professional: Strengthening U.S. Small Businesses
Colombo & Hurd recently secured EB-2 NIW approval for a Brazilian finance and business administration professional whose career has focused on helping U.S. small and medium-sized enterprises (SMEs) access capital and financial tools for sustainable growth. With a bachelor’s degree in finance, an MBA from a leading U.S. university, and seven years of progressive experience in the American financial sector, including work in capital raising, mergers and acquisitions, and complex financial structuring, this professional built a compelling case rooted in the economic importance of SME access to credit.
The central challenge was demonstrating that the work rose above private consulting to a matter of national importance. The strategy centered on connecting the proposed endeavor to established federal priorities under the Small Business Act and the documented role of SMEs in U.S. economic resilience. USCIS approved the petition without issuing a Request for Evidence (RFE).
Civil Engineer: Advancing U.S. Transportation Infrastructure
We also secured EB-2 NIW approval for a Brazilian civil engineer with more than twenty years of experience improving transportation infrastructure, including highways, bridges, airports, and urban development projects. He holds a master’s degree in civil engineering with a concentration in transportation and built his career leading large-scale pavement restoration and quality-control initiatives.
The petition connected his expertise directly to the goals of the Infrastructure Investment and Jobs Act and the Bipartisan Infrastructure Law. Our legal team framed the case around the petitioner’s proposed endeavor to modernize roads, bridges, and airports while closing the shortage of skilled civil engineers through training initiatives. USCIS approved the petition without an RFE.
Technology Professional: Open Banking and Financial Access
In a recent approval, we secured EB-2 NIW status for a Brazilian professional with a background in engineering and information technology whose proposed endeavor focused on improving the transparency and accessibility of U.S. financial services. By developing open banking application programming interfaces (APIs) and training IT professionals, the petitioner demonstrated how his work expanded financial access for individuals and small businesses that traditionally face barriers, aligning directly with U.S. priorities around fair banking access and financial inclusion.
These three cases reflect a broader point: the EB-2 NIW is not limited to a particular profession. Professionals across engineering, finance, technology, healthcare, research, and other fields can qualify when their work is positioned with the right national importance argument.
Common Pitfalls in EB-2 NIW Petitions
USCIS has applied the Dhanasar framework more rigorously in recent years, and petition outcomes increasingly depend on how clearly the evidence addresses each prong of the analysis. The primary reason petitions are denied is a failure on the first prong: national importance. USCIS adjudicators have made clear that describing a field as generally important is not enough. Each petition must articulate a specific proposed endeavor and explain how it may have broader national impact in a concrete and well-supported way.
A few other patterns we see consistently: petitions that rely heavily on recommendation letters from colleagues or former supervisors in Brazil, without independent evaluations, may face challenges on the second prong. USCIS looks for external validation of national relevance, which can include letters from professors, government officials, or recognized industry leaders who can credibly speak to the impact of the work in the U.S. context.
Credential issues are another frequent stumbling block for Brazilian applicants. A Lato Sensu MBA or especialização, without five years of post-baccalaureate experience, may not meet the EB-2 threshold at all, which means the national interest waiver analysis never begins. Verifying your credential type before filing can prevent a denial at the threshold step.
A Note on Brazilian Documents and Translations
All documents submitted to USCIS from Brazil, including diplomas, school transcripts, employment verification letters, and professional certificates, must be accompanied by full English translations with a certification from the translator stating they are competent to translate and that the translation is complete and accurate. USCIS applies this requirement strictly.
Fees and Premium Processing
| Fee Type | Description | Amount (2026) | Notes |
| Form I-140 Filing Fee | Base filing fee for the immigrant petition | $715 | May be subject to additional fees depending on filing circumstances |
| Form I-140 Filing Fee (Online Filing) | Base filing fee for petitions submitted through the USCIS online system | $665 | Slightly reduced fee for online submission |
| Premium Processing (Optional) | Expedites USCIS adjudicative action for EB-2 NIW (E21) petitions | $2,965 | USCIS provides a response within 45 business days (approval, denial, or RFE) |
Note: All fees are subject to change. Applicants should confirm the most current amounts on the official USCIS fee schedule before filing.
Consular Processing vs. Adjustment of Status
Once an I-140 petition is approved, Brazilian professionals must take one of two paths to receive their green card: adjustment of status if they are already in the United States in a qualifying status, or consular processing through the U.S. Embassy or Consulate in Brazil.
For those pursuing consular processing, the process begins at the National Visa Center (NVC) and ultimately leads to an interview at the U.S. Consulate. A key factor for Brazilian petitioners in 2026 is the visa bulletin cut-off date. The April 2026 Visa Bulletin for EB-2 ‘All Chargeability Areas Except Those Listed’ (which includes Brazil) has moved the Final Action Date to Current, meaning petitioners with any priority date are now eligible to receive their immigrant visa or have their adjustment of status application approved. This is a significant advancement from the March 2026 cutoff of October 15, 2024, though USCIS cautions that dates could retrogress later in the fiscal year if demand increases. However, the Dates for Filing chart for EB-2 is currently listed as Current, meaning Brazilian professionals with an approved I-140 and any priority date may be eligible to file an I-485 adjustment of status application if USCIS designates the Dates for Filing chart for use in that month. Cut-off dates should be confirmed monthly at the Department of State Visa Bulletin.
Brazilian nationals pursuing consular processing should also be aware that consular processing timelines and visa availability can fluctuate based on Department of State operational capacity and visa demand. As of January 21, 2026, the U.S. Department of State has paused the issuance of immigrant visas for nationals of approximately 75 countries, including Brazil, as part of a broader policy. This pause applies only to the final issuance of immigrant visas through consular processing abroad. It does not prevent professionals from filing or receiving approval of an I-140 petition with USCIS, and it does not affect adjustment of status for eligible professionals already in the United States. The current status of this measure can be confirmed through the U.S. Embassy in Brazil.
For a more detailed look at how long the overall process generally takes, see our resource on EB-2 NIW processing time, bearing in mind that timelines vary significantly depending on your circumstances.
Frequently Asked Questions
Do I need a job offer to apply for the EB-2 NIW?
No. The defining feature of the EB-2 NIW is that it waives both the job offer and the labor certification (PERM) requirements. You self-petition directly with USCIS.
Does a Brazilian Bacharelado qualify as an advanced degree?
On its own, a Bacharelado is generally equivalent to a U.S. bachelor’s degree, which does not meet the advanced degree threshold. However, a Bacharelado combined with at least five years of progressive post-degree work experience is considered equivalent to a U.S. master’s degree and can satisfy the EB-2 advanced degree requirement.
Is the EB-2 NIW only for STEM professionals?
No. While STEM professionals in critical emerging technologies often have strong alignment with U.S. national priorities, successful EB-2 NIW approvals have been secured for professionals in finance, business, healthcare, education, infrastructure, creative fields, and many others. Eligibility turns on the specific proposed endeavor and its connection to national importance, not the field itself.
What is the difference between the EB-2 NIW and the EB-1A?
The EB-1A visa requires demonstrating extraordinary ability with sustained national or international acclaim, a higher evidentiary standard than the EB-2 NIW. The EB-2 NIW focuses on the national importance of proposed future work and can be better suited for professionals who have strong credentials and a compelling endeavor but may not meet the extraordinary ability threshold. The right pathway depends on your profile, and an immigration attorney can help you evaluate both.
Will a Lato Sensu MBA qualify as an advanced degree?
Typically, no. Lato Sensu programs, including many Brazilian MBAs and especialização certificates, are treated as professional continuing education rather than graduate degrees. Unless paired with five years of post-baccalaureate progressive experience, they generally do not satisfy the EB-2 advanced degree requirement.
See If You Qualify for the EB-2 NIW
The EB-2 NIW can be a powerful path to permanent residence for Brazilian professionals whose work contributes to U.S. national priorities, but the right approach depends on your specific credentials, career trajectory, and proposed endeavor. What works well for one petitioner may not be the right frame for another.
Colombo & Hurd has helped professionals from more than 100 countries, including many Brazilian nationals, secure employment-based green cards through the EB-2 NIW pathway. If you would like to understand whether your profile is eligible, you can request a free EB-2 NIW profile evaluation here.
