Last updated: October 2026. Policy statements below are dated and linked to the official source. Immigration rules, travel measures and court orders change quickly, so recheck each linked page before you act.
Yes, Kenyan professionals can apply for an EB2 NIW, and in October 2026 the path for EB2 NIW Kenya applicants is simpler than for many other African nationals. Kenya is not named in Presidential Proclamation 10998, and it was not on the State Department’s January 2026 list of 75 countries whose immigrant visas were paused. You still have to meet the full EB-2 and Dhanasar test, file Form I-140 with USCIS, and wait in the Rest of World Visa Bulletin queue. If you are in Kenya, the final step is an immigrant visa interview at the U.S. Embassy in Nairobi. This guide walks through each step with links to the official pages.
Key takeaways
- Nationality is not an eligibility factor. A Kenyan engineer, scientist, data analyst or health professional faces the same EB-2 and national interest test as any other petitioner.
- Kenya is not on the 2026 restriction lists checked for this guide (Proclamation 10998 and the 75-country immigrant visa pause) as of October 19, 2026.
- Kenya uses the Rest of World chart. The October 2026 EB-2 Final Action Date for that chart is 01JAN25 and the Date for Filing is 15MAR26.
- Nairobi has one listed panel physician: the IOM Migration Health Assessment Center in Gigiri. Results from other doctors are not accepted.
- Your Kenyan police certificate comes from the DCI through eCitizen, according to the State Department’s Kenya civil documents page.
EB2 NIW Kenya: policy status as of October 2026
We checked each measure against the official pages on October 19, 2026. The table states only what those pages say.
| Measure | What the official source says (as of October 19, 2026) | Official source |
|---|---|---|
| Proclamation 10998 (signed December 16, 2025; effective January 1, 2026) | Fully or partially suspends entry and visa issuance for nationals of 39 countries and holders of Palestinian Authority travel documents. Kenya is not on the full or partial list. Neighbouring Somalia and South Sudan are on the full list and Tanzania is on the partial list. | White House; State Department |
| Immigrant visa pause for 75 countries (from January 21, 2026) | Kenya was not on the list. The State Department says that, as of August 21, 2026, the pause is no longer in effect under the court’s order in CLINIC et al. v. Rubio, et al. (page last updated August 28, 2026). | State Department |
| USCIS adjudication hold policies (PM-602-0192 and PM-602-0194) | USCIS describes these as tied to the 39 countries in Proclamations 10949 and 10998; Kenya is not named in either proclamation. A Rhode Island court vacated the policies on June 5, 2026 and a California court enjoined them on August 24, 2026. USCIS says it will follow the orders pending possible further review. | USCIS (June 2026); USCIS (August 2026) |
| Realignment of visa services in Africa (from August 1, 2026) | Nairobi is listed as a regional visa hub. Nairobi is not among the posts whose routine visa services were realigned elsewhere. | State Department |
| Interview location rule (from November 1, 2025) | NVC schedules immigrant visa applicants in their country of residence or, if requested, their country of nationality, with rare exceptions. | State Department |
Two cautions. First, “not on the list as of October 19, 2026” is not a promise about the future; the June 2025 country list was revised and expanded in December 2025. Second, these measures follow nationality. A Kenyan resident who holds the nationality of a listed country may be treated differently, and dual-national rules have their own exceptions. If either applies to you, speak with a licensed immigration attorney before you file.
Who qualifies for EB2 NIW from Kenya
Every petitioner must clear two layers. The order matters: since the January 15, 2025 USCIS guidance update, officers confirm EB-2 eligibility first and only then look at the national interest waiver.
Layer 1: EB-2 eligibility and degree equivalency
The USCIS Policy Manual defines an advanced degree as a U.S. degree above the bachelor’s level or a foreign equivalent degree. A U.S. bachelor’s or its foreign equivalent followed by at least five years of progressive, post-degree experience in the specialty also counts. Without at least a bachelor’s or its foreign equivalent, the Policy Manual says you are ineligible for the advanced-degree route. The alternative is exceptional ability, shown through at least three of the six criteria in 8 CFR 204.5(k)(3)(ii), which include a licence or certification for the profession and membership in professional associations.
For a degree from a Kenyan university, the question is whether it is the foreign equivalent of the U.S. degree you rely on. Most petitioners submit a credential evaluation. The Policy Manual chapter on evaluating education credentials says an evaluation is “solely advisory”: the officer makes the final call, and conclusory opinions carry little weight. Submit the evaluation together with your degree certificate and transcripts, the “official academic record” the USCIS EB-2 page asks for. If you rely on a bachelor’s plus experience, USCIS says the experience must come after the degree and relate to your degree field or your proposed endeavor. Our guide to the bachelor’s degree plus five years route covers the experience letters in detail.
Layer 2: the three Dhanasar prongs
Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), you must show that your proposed endeavor has substantial merit and national importance, that you are well positioned to advance it, and that on balance waiving the job offer and labor certification would benefit the United States. Work done in Kenya, such as a geothermal project, a county health programme or a mobile-payments platform, can be strong prong 2 evidence. Prong 1, though, is about what you will do next and why it matters to the United States.
Hypothetical example: a Kenyan civil engineer with a BSc and seven years of post-degree experience on water and road projects proposes to work on stormwater resilience for U.S. municipalities. The petition documents degree equivalency and post-degree experience, then links past project results to the U.S. endeavor. This is an illustration, not a client case. See the three prongs of EB-2 NIW for how each prong is argued.
Step 1: file Form I-140 with USCIS
An NIW petition must include a completed Form ETA-9089 Appendix A and a signed Final Determination, according to the USCIS EB-2 page. Since a USCIS policy update on August 5, 2026, officers may deny without first issuing an RFE when required initial evidence is missing. Your priority date is the date USCIS accepts the I-140.
| Fee (per official schedules, October 2026) | Amount | Source |
|---|---|---|
| Form I-140 filing fee | $715 paper / $665 online | USCIS G-1055 |
| Asylum Program Fee (self-petitioner) | $300 | USCIS G-1055 |
| Premium processing (optional) | $2,965; USCIS takes action (approval, denial, RFE or NOID) within 45 business days | USCIS |
| Immigrant visa application (employment-based) | $345 per applicant | State Department |
| USCIS Immigrant Fee (after visa issuance, before travel) | $235 per immigrant | USCIS G-1055 |
| Kenyan Police Clearance Certificate | KSh 1,000 plus return postage | State Department (Kenya) |
| Medical exam, X-ray and blood tests | Paid directly to the panel physician; the embassy page does not list the amount | Nairobi instructions |
A self-petitioner filing online therefore pays $965 in USCIS fees for the I-140 itself ($1,015 on paper), before any premium processing. Our EB2 NIW cost guide lists every stage.
Step 2: which Visa Bulletin chart applies to Kenya
The Visa Bulletin gives EB-2 its own columns only for China (mainland born), India, Mexico and the Philippines. Kenya has no column, so Kenyan applicants use “All Chargeability Areas Except Those Listed”, often called Rest of World. One detail many guides skip: USCIS says your country of chargeability is usually your country of birth, not your passport. A Kenyan citizen born in India, for example, may be charged to India’s column.
| EB-2, Rest of World (includes Kenya) | October 2026 Visa Bulletin | What it means |
|---|---|---|
| Final Action Date | 01JAN25 | A visa can be issued only if your priority date is earlier than this date. |
| Date for Filing | 15MAR26 | If your priority date is earlier, you may submit documents to NVC once NVC invites you. For October 2026, USCIS also says employment-based adjustment applicants must use this chart. |
Sources: the October 2026 Visa Bulletin and the USCIS adjustment of status filing charts page (reviewed October 1, 2026). A petition filed now has a priority date later than both dates, so the wait depends on how fast the bulletin moves. Our guide to the EB-2 NIW priority date explains how to track it.
Not sure your degree and experience clear the EB-2 threshold? Request a free profile evaluation and our petition team will review your background against the EB-2 and Dhanasar requirements.
Step 3: EB2 NIW Kenya consular processing at the U.S. Embassy Nairobi
After USCIS approves the I-140, the case moves to the National Visa Center. You file the DS-260, pay the $345 fee and upload civil documents. When your priority date is current, NVC schedules the interview in Nairobi. The Nairobi immigrant visa instructions (last updated August 28, 2025) say to register on the embassy’s appointment and courier site and book the medical exam as soon as you receive the interview date.
Kenyan civil documents (State Department reciprocity schedule)
The State Department’s Kenya reciprocity and civil documents page lists the accepted documents and where to get them:
| Document | Issuing authority and how to get it |
|---|---|
| Birth certificate | Department of Civil Registration (Registrar of Births and Deaths), also through eCitizen. KSh 250 for a new registration, KSh 500 for a late registration. |
| Marriage certificate | Registrar of Marriages (Sheria House, Nairobi) or eCitizen; Kadhi Court for Islamic marriages. The page notes that all marriages, including customary marriages, must now be registered. |
| Divorce | Decree nisi/absolute from the court that handled the case, through the Chief Registrar of the Judiciary. |
| Police Clearance Certificate | Directorate of Criminal Investigations (DCI), applied for through eCitizen. KSh 1,000 plus return postage. Certified copies are not available. |
| Court and military records | From the court that handled the case, or the relevant branch of the Kenya Defence Forces, if they apply to you. |
| Passport | Directorate of Immigration Services, through eCitizen. |
Police certificates: Kenya and every other country you lived in
The State Department’s general civil documents step says applicants aged 16 or older need a police certificate from their country of nationality and current residence (if lived there more than six months), from any other country where they lived 12 months or more after turning 16, and from any place they were arrested. Certificates generally expire after two years, and no U.S. police certificate is needed. The Nairobi instructions list the police certificate requirement for applicants older than 18 and ask for a newer certificate if yours is more than a year old and you still live in the issuing country. Because the two pages use different age thresholds, follow your NVC instructions and, if in doubt, obtain the certificate.
Medical exam with the Nairobi panel physician
- The only clinic listed for Nairobi is the IOM Migration Health Assessment Center, 78 United Nations Crescent, Gigiri. Booking is through IOM’s MyMedical portal, email or phone, as listed on the embassy page.
- “Medical examination results from other physicians will not be accepted.”
- Bring the appointment letter, passport, three colour photos, immunization records and the DS-260 confirmation page.
- If you are handed a sealed envelope, do not open it. The medical report must be less than six months old when you enter the United States.
Interview day in Nairobi
Bring the NVC letter, a passport valid six months beyond your intended entry, two 5 cm x 5 cm photos, the DS-260 confirmation, original civil documents with photocopies, and, for employment-based cases, an employer letter dated less than one month before the interview. Fees can be paid in U.S. dollars or Kenyan shillings. The embassy states there is “no guarantee that you will receive a visa” and advises against selling property, resigning or booking non-refundable travel until the visa is issued.
If you are already in the United States
Kenyans in the U.S. in lawful status may be able to file Form I-485 instead of going through Nairobi, once their priority date is earlier than the date in the chart USCIS designates for that month. The fee is $1,440 on paper or $1,390 online for an applicant aged 14 or over, per the fee schedule, and the Form I-693 medical exam is done by a USCIS civil surgeon. Whether adjustment is available depends on your status history; ask a licensed immigration attorney.
Common mistakes in EB2 NIW Kenya cases
- Assuming “Africa” restrictions apply to Kenya. As of October 19, 2026, Kenya is not on the Proclamation 10998 lists or the 75-country pause list. Check the official pages rather than social media posts.
- A Kenya-only endeavor. Describe the U.S. work you will do and why it matters nationally. Your Kenyan track record supports prong 2; it does not replace prong 1.
- Weak degree equivalency. An evaluation with no reasoning carries little weight. Pair it with transcripts and, for the bachelor’s-plus-five route, dated post-degree employment letters.
- Generic letters. USCIS reviews the totality of the evidence. A few specific, verifiable recommendation letters do more than many templated ones.
- Late civil documents. A missing foreign police certificate can delay the case at NVC.
Frequently Asked Questions
Can Kenyans apply for EB2 NIW in 2026?
Yes. Nationality is not part of the NIW test, and as of October 19, 2026 Kenya is not on the Proclamation 10998 lists or the 75-country immigrant visa pause list. You still need to meet the EB-2 and Dhanasar requirements.
Which Visa Bulletin chart do Kenyans use?
Kenya falls under “All Chargeability Areas Except Those Listed” (Rest of World). In October 2026 the EB-2 Final Action Date is 01JAN25 and the Date for Filing is 15MAR26. Chargeability usually follows country of birth.
Where do Kenyans get the police certificate?
The State Department’s Kenya page says the Police Clearance Certificate is issued by the Directorate of Criminal Investigations and applied for through eCitizen, for KSh 1,000 plus return postage.
Which doctor does the Nairobi medical exam?
The Nairobi instructions list the IOM Migration Health Assessment Center in Gigiri. Results from other physicians are not accepted, and you pay the clinic directly.
Do I need a credential evaluation for a Kenyan degree?
USCIS must be satisfied that your degree is the foreign equivalent of the U.S. degree you rely on, and most petitioners include an evaluation. The Policy Manual treats evaluations as advisory, so the reasoning and the underlying transcripts matter.
Ready to see whether EB2 NIW fits your career? Evaluate your profile for free with Skycap’s petition team.
Related guides
This article is general information, not legal advice. Skycap Consultancy is a petition-preparation consultancy, not a law firm. Requirements and fees change; check the linked USCIS pages before filing.
