Last updated: November 2026. Every sample paragraph and exhibit below is hypothetical, not taken from a real petition, client or approved case. Policy Manual quotes are from Volume 6, Part F, Chapter 5.
An EB2 NIW sample petition is most useful as a map. It shows which sections a petition letter needs, in what order, and what each one has to prove. Below is an annotated, hypothetical sample that follows the order USCIS uses to decide a case: introduction and classification, EB-2 eligibility, the proposed endeavor, the three Matter of Dhanasar prongs, and an exhibit index. For each section you get what the USCIS Policy Manual and Dhanasar say it must show, then a short example paragraph for one invented petitioner. It is a teaching outline, not a fill-in template.
We found no official USCIS petition-letter template. What USCIS does publish is its order of review: its EB-2 page gives NIW filing tips “in the order USCIS follows when adjudicating” and says a petition organized that way “should assist adjudicators to more easily identify relevant information and evidence.” For the whole package, see our EB-2 NIW Self-Petition guide. This page covers the letter.
Key takeaways
- Every example here is hypothetical. A sample shows structure; its content describes someone else’s record.
- EB-2 eligibility comes first. A petitioner who does not qualify is “statutorily ineligible for the national interest waiver.”
- Every claim needs an exhibit: “unsubstantiated claims would not meet the petitioner’s burden of proof.”
- You must be eligible when you file. Since August 5, 2026, USCIS can deny without an RFE when required initial evidence is missing.
- A downloaded sample PDF can carry outdated law and another person’s facts. Study its order, never its wording.
What an EB2 NIW sample petition should show you
A good EB2 NIW petition example is less about polished prose than about mapping. Each section answers one legal question and points to exhibits. Here is the outline at a glance.
| Section | What it must show | Main official basis |
|---|---|---|
| 1. Introduction and classification | Who is filing, the classification and a short endeavor summary | Form I-140 instructions; USCIS EB-2 page |
| 2. EB-2 eligibility | An advanced degree (or bachelor’s plus five years’ progressive experience) or exceptional ability, in a profession | 8 CFR 204.5(k); Policy Manual |
| 3. Proposed endeavor | The specific work, its goals, how it gets done and its direct impacts | Policy Manual |
| 4. Prong 1 | Substantial merit and national importance | Dhanasar; Policy Manual |
| 5. Prong 2 | You are well positioned to advance the endeavor | Dhanasar; Policy Manual |
| 6. Prong 3 | On balance, the waiver benefits the United States | Dhanasar; Policy Manual |
| 7. Conclusion and exhibit index | Every claim tied to a numbered exhibit, with certified translations | 8 CFR 103.2(b)(3); Form I-140 instructions |
The annotated EB2 NIW sample petition, section by section
One invented petitioner runs through every section: a hypothetical environmental engineer with a foreign master’s degree who develops low-cost sensors that detect nitrate contamination in small rural drinking-water systems. Bracketed items stand for facts a real petition would have to state and prove.
1. Introduction and classification requested
What it must show. The NIW request is Part 2, Item 1.h of Form I-140 (Form I-140 instructions). USCIS says NIW applicants “may self-petition (you do not need an employer to sponsor you),” and that NIW petitions “must be accompanied by a completed Form ETA-9089, Appendix A and a signed Form ETA-9089, Final Determination.” The introduction names the classification, the petitioner and the endeavor.
Hypothetical example paragraph: “[Name], the petitioner and beneficiary, seeks classification as a member of the professions holding an advanced degree under INA 203(b)(2), with a national interest waiver under INA 203(b)(2)(B)(i). The petitioner, an environmental engineer, proposes to develop and deploy low-cost sensor networks that detect nitrate contamination in small rural water systems in [region]. This letter addresses EB-2 eligibility first, then each prong of Matter of Dhanasar, citing the attached exhibit index.”
2. EB-2 eligibility (the threshold)
What it must show. Under 8 CFR 204.5(k)(2), an advanced degree is “any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate,” and a bachelor’s “followed by at least five years of progressive experience in the specialty” counts as a master’s. Initial evidence is “an official academic record,” plus employer letters on the bachelor’s route, or three of six exceptional-ability criteria (8 CFR 204.5(k)(3)).
The January 15, 2025 update (PA-2025-03) made this a separate first step. The Policy Manual says USCIS may “issue a denial without reaching the national interest waiver determination.” The intended occupation “must meet the definition of a profession,” and “the occupation underlying the endeavor is determinative.”
Hypothetical example paragraph: “The petitioner holds a Master of Science in Environmental Engineering from [university], [country], conferred 2026 (Exhibit 1, with certified English translations). An evaluation finds it equivalent to a U.S. master’s degree (Exhibit 2). The petitioner will advance the endeavor as an environmental engineer, an occupation shown in Exhibit 3 to be a profession under 8 CFR 204.5(k)(2).”
3. The proposed endeavor
What it must show. An endeavor “is more specific than the general occupation.” The petition should explain “what types of work the person proposes to undertake specifically within that occupation,” “in a straightforward manner,” with the “potential direct impacts” and whether the work happens “at a particular employer or some other way.” See 14 more in our EB2 NIW proposed endeavor examples.
Hypothetical example paragraph: “The petitioner will design, field-test and publish open hardware and software for low-cost nitrate sensor networks that small rural water systems can install and maintain themselves. Working at [employer] under its pilot agreement with [county] Water District, the petitioner will deploy [number] nodes by [year], compare their readings against certified laboratory results, and publish the designs and validation data so other systems and state agencies can adopt them (Exhibit 10).”
Not sure your record can fill every section? Our free EB-2 NIW profile evaluation reviews your degree, endeavor and evidence and points out the gaps.
4. Prong 1: substantial merit and national importance
What it must show. Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), merit “may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education.” National importance turns on “potential prospective impact,” and “we do not evaluate prospective impact solely in geographic terms.” The Policy Manual adds that “benefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant.” See our EB2 NIW national importance guide.
Hypothetical example paragraph: “The endeavor has substantial merit in health and technology: it gives small water systems earlier warning of nitrate contamination, a problem documented in Exhibit 4. Its importance reaches beyond the petitioner’s employer. The designs will be public, [number] systems outside the pilot have asked to use them (Exhibit 9), and a [state] water-utility association has invited the petitioner to present the method (Exhibit 8-C).”
5. Prong 2: well positioned to advance the endeavor
What it must show. Dhanasar weighs “the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.” It does not “require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed.” Letters help when “supported by other independent evidence.” See our guide to proving you are well positioned.
Hypothetical example paragraph: “The petitioner’s master’s research developed the sensors’ calibration method, published in two peer-reviewed articles (Exhibit 7). Since [year], the petitioner has led the [county] pilot, installing [number] nodes whose readings matched laboratory results within [margin] (Exhibit 5). [Funder] awarded $[amount] to extend it (Exhibit 6). An independent researcher who tested the method and the district’s operations manager describe this work first-hand (Exhibits 8-A and 8-B).”
6. Prong 3: on balance, the waiver benefits the United States
What it must show. Dhanasar lets USCIS weigh whether a job offer or labor certification “would be impractical”; whether, “even assuming that other qualified U.S. workers are available, the United States would still benefit”; and whether the need is “sufficiently urgent to warrant forgoing the labor certification process.” Its footnote 10 mentions “unique knowledge or skills that are not easily articulated in a labor certification.” The Policy Manual adds that “evidence of a national labor shortage in the person’s occupation would not, by itself, satisfy this third prong.”
Hypothetical example paragraph: “On balance, waiving the job offer benefits the United States. The endeavor rests on the petitioner’s own calibration method and pilot data, which a labor certification for a general engineering position would not capture. Because the designs are public, the benefit reaches other water systems even assuming qualified U.S. workers are available, and the need is time-sensitive for the systems documented in Exhibit 4.”
7. Conclusion and exhibit index
What it must show. The conclusion restates how the record meets EB-2 eligibility and each prong; the index lists every exhibit. Under 8 CFR 103.2(b)(3), foreign-language documents need “a full English language translation which the translator has certified as complete and accurate,” and the I-140 instructions require the translator’s “signature, printed name, the signature date, and their contact information.” Experience letters must include “the name, address, and title of the writer, and a specific description of the duties performed” (8 CFR 204.5(g)(1)).
| Exhibit (hypothetical) | Document | Supports |
|---|---|---|
| Forms | Form I-140; Form ETA-9089 Appendix A and signed Final Determination | 1. Filing |
| 1 | Master’s diploma and transcripts, with certified English translations | 2. EB-2 eligibility |
| 2 | Credential evaluation | 2. EB-2 eligibility |
| 3 | Occupational reference showing the occupation is a profession | 2. EB-2 eligibility |
| 4 | Official reports on the problem the endeavor addresses | 4. Prong 1; 6. Prong 3 |
| 5 | Pilot agreement, deployment records and validation results | 5. Prong 2 |
| 6 | Grant award letter | 5. Prong 2 |
| 7 | Publications and citation record | 5. Prong 2 |
| 8-A to 8-C | Letters from an independent researcher, the operations manager and a water-utility association, each with the writer’s CV | 4. Prong 1; 5. Prong 2 |
| 9 | Requests to use the designs from systems outside the pilot | 4. Prong 1 |
| 10 | Proposed endeavor statement and three-year plan | 3. Endeavor; 5. Prong 2 |
Every claim in sections 2 to 6 points to an exhibit number. If a sentence in your letter has no exhibit behind it, narrow it or cut it.
Why a copied EB2 NIW sample petition PDF is risky
Searches for an “EB2 NIW sample petition PDF” or an “EB2 NIW template” turn up personal samples, paid downloads and fill-in generators. None can stand in for your own letter:
- Generic language carries little weight. Dhanasar says USCIS weighs “not only the quantity, but also the quality (including relevance, probative value, and credibility) of the evidence.” Text written for someone else’s endeavor is not relevant to yours.
- The law may be out of date. Dhanasar vacated the earlier NYSDOT test in 2016, replacing “national in scope” with “national importance,” yet some national interest waiver petition letter samples online still use the old wording. Many others predate the January 2025 update and skip the EB-2 eligibility section.
- Eligibility is fixed at filing. Under 8 CFR 103.2(b)(1), a petitioner “must establish that he or she is eligible for the requested benefit at the time of filing,” and the Policy Manual says RFEs “are not issued to ‘cure’ an eligibility deficiency.” A template cannot add evidence you lacked on the filing date.
- Missing evidence now costs more. PA-2026-05 (August 5, 2026) restores officers’ “full discretion to deny such benefit requests without first issuing an RFE or NOID.” Leaving out a required document, such as the signed Final Determination, can sink the filing. See our guide to denial without an RFE.
- Someone else’s petition is someone else’s. Real petitions posted online contain another person’s work and personal details. Do not reuse the wording.
- “Approved” does not transfer. USCIS “considers every petition on a case-by-case basis.” One approval says nothing about a different record.
Before you file: a checklist built from this sample
- The forms include Appendix A and the signed Final Determination.
- The EB-2 section proves the degree (or degree plus five years after it) or three exceptional-ability criteria, and shows the occupation is a profession.
- The endeavor is narrower than your job title and says how the work gets done.
- Prong 1 shows impact beyond your employer; prong 2 shows record, plan, progress and outside interest; prong 3 uses the Dhanasar factors, not a shortage argument.
- Every claim cites an exhibit, every foreign-language document has a full certified translation, and everything existed on the filing date.
How Skycap helps
Skycap Consultancy is a petition-preparation consultancy, not a law firm, and does not give legal advice or represent anyone before USCIS. Our complete I-140 petition package (from $750, payable in installments) includes drafting your petition letter and exhibit index from your own record and checking each section against the Policy Manual. Recommendation letters are $50 each, drafted for your recommenders to review and sign (plans and pricing). For complex legal questions, consult a licensed immigration attorney.
Frequently Asked Questions
Is there an official USCIS template for an EB2 NIW petition?
We found none. The Form I-140 instructions and USCIS’s initial-evidence checklist list what must be submitted, and the EB-2 page suggests the order of issues.
Is this sample petition from an approved case?
No. The petitioner, the exhibits and every example paragraph are hypothetical. They illustrate structure and predict no outcome.
Can I use an EB2 NIW example petition I found online?
Only to study its structure, and check its date first. Older samples may use the pre-2016 test or skip EB-2 eligibility. Your wording, claims and exhibits must come from your own record.
What order should an NIW petition letter follow?
Follow USCIS’s review: introduction and classification, EB-2 eligibility, the proposed endeavor, prongs 1, 2 and 3, then the conclusion and exhibit index. USCIS says a petition organized in its order “should assist adjudicators.”
Do foreign-language exhibits need a translation?
Yes. 8 CFR 103.2(b)(3) requires a full English translation certified as complete and accurate, plus the translator’s certification of competence. A summary is not enough.
Before you write a word, try our free profile evaluation: our petition team will tell you which sections your evidence can support.
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.
