Can a software engineer get an EB-2 national interest waiver (NIW)? Yes, but the petition is not judged on the importance of software engineering. It is judged on your proposed endeavor: the specific work you will do in the United States and its effects beyond your employer. The USCIS Policy Manual names software engineers directly as an example of where that goes wrong. This guide covers the threshold, what the Policy Manual says about engineers and STEM work, how to frame the endeavor, and the evidence that fits each prong.
- First you must qualify for EB-2: an advanced degree, a bachelor's plus 5 years of progressive experience, or exceptional ability
- The NIW is decided under the three Matter of Dhanasar prongs, as a matter of discretion
- USCIS says benefits to one employer, even a national one, are not enough for national importance
- Its example: adapting an employer's code for clients will have difficulty showing national importance without broader evidence
- A STEM advanced degree tied to a critical and emerging technology is an especially positive factor, but a degree alone is not enough
- No job offer is required, and you can file for yourself
Do software engineers qualify for EB-2 at all?
It depends on your education or, failing that, your record. The NIW is a waiver inside EB-2, so you must first be an advanced degree professional or a person of exceptional ability. The regulation defines the degree route:
"Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree." 8 CFR 204.5(k)(2)
The experience must come after the bachelor's degree, and for NIW cases USCIS looks at whether it relates to the degree and the endeavor (USCIS Policy Manual, Volume 6, Part F, Chapter 5). For engineers without a qualifying degree, the Policy Manual gives a software-relevant example: a person whose computer science education or experience does not equal an advanced degree "may qualify as a person with exceptional ability" if USCIS finds that they meet at least three of the six criteria and have shown exceptional ability in an area, such as computer science, that relates directly to the endeavor.
What does the Policy Manual say about software engineers?
The three prongs come from Matter of Dhanasar: a proposed endeavor with substantial merit and national importance; being well positioned to advance it; and, on balance, a benefit to the United States in waiving the job offer and labor certification. Our guide to the NIW three prongs covers each in general. For engineers, the key passages are about national importance:
"Benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether a person’s endeavor has national importance. At issue is whether the petitioner can demonstrate that the person’s own individual endeavor stands to have broader implications, such as for a field, a region, or the public at large." USCIS Policy Manual, Volume 6, Part F, Chapter 5
Then two examples that read like they were written for this audience. First: "a person developing a particular technology for use or sale by a given company may not be able to establish national importance based on evidence that this technology will have benefits for the company or its clients alone." The petitioner could instead show "widespread interest in adoption or licensing of the technology, a novel and important manufacturing or operational process, or how the technology stands to impact the development of similar technology by other companies." Second: "a software engineer adapting their employer’s code for various clients will have difficulty demonstrating the national importance of that endeavor, absent additional broader impacts supported by specific evidence." (USCIS Policy Manual, Volume 6, Part F, Chapter 5)
The Manual also asks that the endeavor be described plainly. The engineer example is its own: "while engineer is an occupation, the explanation of the proposed endeavor should describe the specific projects and goals, and the area of engineering in which the person will work, rather than simply listing the duties and responsibilities of an engineer."
What does the STEM guidance add?
The Policy Manual has a subsection for advanced STEM degrees. It says USCIS recognizes "the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies", or in other STEM areas important to US competitiveness or national security. Critical and emerging technologies are "those that are critical to U.S. national security, including military defense and the economy", and the examples "may include, but are not limited to, certain critical areas of artificial intelligence or quantum information science." (USCIS Policy Manual, Volume 6, Part F, Chapter 5, including footnote 93)
For the second prong, USCIS considers an advanced STEM degree, "particularly a Doctor of Philosophy (Ph.D.)", tied to the endeavor and related to work furthering a critical and emerging technology or another STEM area important to US competitiveness or national security, "an especially positive factor". It also says: "A degree in and of itself, however, is not a sufficient basis to determine that a person is well positioned to advance the proposed endeavor." For the third prong, a combination of an advanced STEM degree, work furthering a critical and emerging technology or other STEM area important to US competitiveness, and being well positioned to advance a nationally important endeavor is "a strong positive factor".
Our guide to the NIW guidance for STEM workers and founders covers this subsection in more depth. For software engineers, in our reading, the STEM guidance helps most when the endeavor itself is in a technology area the evidence shows is important, not when it is a general software role.
What does a proposed endeavor look like for an engineer?
The table below is our illustration of the difference. It is not drawn from real cases, it is not USCIS wording, and it is not wording to copy; your endeavor has to come from your own work and plans. In our reading, it follows the Policy Manual's distinction between employer-only benefits and broader implications.
| Element | Framing that tends to struggle | Framing that tends to fit |
|---|---|---|
| What you will do | A job title and a list of duties | A specific technical problem, the approach, and the goals |
| Who benefits | Your employer and its clients | A field, an industry, users beyond one company, or the public |
| Area | General software development | A named technology area, supported by evidence of its importance |
| How it is carried out | Not stated | Through a role at an employer, your own company, open-source work, or a mix, explained plainly |
| Proof it matters | Assertions about the importance of software | Adoption, licensing, citations, standards work, or use by other companies |
What this means in practice: write the endeavor so that a non-engineer can understand it. The Policy Manual says it would help to describe technical endeavors "in a way that an average person could understand" (footnote 45). Our guide to writing the NIW proposed endeavour statement covers the statement itself.
A job offer is not required, but it is relevant. USCIS says that for someone not planning to be self-employed, a job offer or communications with prospective employers, "while not required", are relevant to show how and with what capacity you will carry out the endeavor (footnote 78).
Which evidence fits each prong for engineers?
The Policy Manual lists evidence that may show a person is well positioned. For software engineers, the closest fits include (USCIS Policy Manual, Volume 6, Part F, Chapter 5):
- "Patents, trademarks, or copyrights developed by the person"
- "Evidence that the person’s work has influenced the field of endeavor"
- "Documents showing technology that the person invented, or contributed to inventing, and how others use that technology"
- "Contracts with companies using products that the person developed or assisted in developing"
- "Correspondence from prospective or potential customers, users, investors, or other relevant entities"
- "A plan describing how the person intends to continue the proposed work in the United States"
USCIS adds that "the more integral a person is to an endeavor, the stronger the case the person presents that they are well-positioned to advance the endeavor." In practice, that means showing your own part in a shared codebase or product, not only the product's success.
On the third prong, USCIS weighs factors such as whether labor certification would be impractical, whether the United States benefits even if US workers are available, urgency, and whether the person has knowledge or skills the labor certification cannot capture. It adds that "evidence of a national labor shortage in the person’s occupation would not, by itself, satisfy this third prong." If you have no PhD or citations, our guide to EB-1A for software engineers with no PhD covers the evidence that works without academia.
- Degree certificates, transcripts and a credential evaluation; employer letters proving 5 years of progressive experience if you rely on a bachelor's
- A written endeavor: the problem, your approach, the area, and how you will carry it out
- Evidence of uptake outside your employer: adoption, licensing, downloads with context, citations, standards contributions
- Patents or copyrights, with documents showing how they are used
- Letters from independent experts who know your work, backed by documents
- Evidence of the importance of your technology area from government or authoritative sources
- A job offer or employer communications, if you will carry out the endeavor through an employer
Where to start
Start by writing one paragraph that describes your endeavor without your job title. If the only beneficiary in it is your employer, that is where to work first. Then collect proof that people outside your company use what you built.
Timing depends on your country of birth. For October 2026, USCIS told employment-based applicants filing for adjustment of status to use the Dates for Filing chart, where EB-2 was March 15, 2026 for most countries, January 1, 2023 for China and January 15, 2015 for India (USCIS, October 2026 filing charts). Those are filing dates only; the green card itself can be approved only when your priority date is current under the separate Final Action Dates chart, and the charts change monthly. The I-140 fee under Form G-1055 (edition 10/07/26) is $715 on paper or $665 online, plus a $300 Asylum Program Fee for self-petitioners (USCIS, G-1055).
The free evaluation shows how your record may map to the NIW and EB-1A, with no account or card. Frank finds real opportunities to build evidence, such as judging panels, peer review (on Pro and up) and calls for speakers; Starter is $49 a month with a 7-day free trial. Licensed attorneys at an independent partner firm handle the petition, with a flat fee for the EB-2 NIW from $7,995; USCIS fees are separate. This is general information, not legal advice.
Sources
All checked October 14, 2026. Quotations from the USCIS Policy Manual omit its footnote markers; where a quotation comes from a footnote, the footnote number is given.
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). The three-prong NIW framework.
- eCFR, 8 CFR 204.5(k). EB-2 definitions and evidence, quoted above.
- USCIS Policy Manual, Volume 6, Part F, Chapter 5 (current as of October 2, 2026). EB-2 eligibility for NIW cases, the three prongs, the software engineer example, the STEM and critical and emerging technology guidance, and the evidence list, quoted above.
- USCIS, When to File: October 2026 (updated 09/29/2026). EB-2 Dates for Filing.
- USCIS, Form G-1055 Fee Schedule (edition 10/07/26). I-140 and Asylum Program fees.
Frequently asked questions
Can a software engineer get an EB-2 NIW without a PhD?
Yes, a PhD is not required. You must qualify for EB-2, for example with a master's degree or a bachelor's plus five years of progressive experience, and meet the three Dhanasar prongs. USCIS treats an advanced STEM degree, particularly a PhD, tied to the endeavor and to work in a critical and emerging technology or another important STEM area as an especially positive factor, but not as a requirement.
Is working for a big tech company enough for national importance?
No. The Policy Manual says benefits to a specific employer alone, even one with a national footprint, are not sufficiently relevant. The endeavor needs broader implications for a field, a region or the public, supported by evidence.
Does working in AI make my NIW stronger?
It can help if the evidence ties your endeavor to a critical and emerging technology. USCIS names certain critical areas of artificial intelligence and quantum information science as examples, but the endeavor still has to meet all three prongs.
Do I need a job offer for an NIW?
No. The NIW waives the job offer, and you can file for yourself. USCIS says a job offer or employer communications, while not required, can help show how you will carry out the endeavor if you do not plan to be self-employed.
What evidence works best for software engineers?
Evidence that others use your work: adoption or licensing of technology you built, contracts with companies using your products, patents with proof of use, and independent expert letters backed by documents. A plan describing how you will continue the work in the United States is also on USCIS's list.
Green Card Guide AI is not a law firm and this article is not legal advice. It describes evidence-building strategy in general terms; your attorney determines what belongs in your petition and how it's argued.
