Last updated: November 2026. Checked against INA 101(a)(32), 8 CFR 204.5(k)(2), the USCIS Policy Manual (Volume 6, Part F, Chapter 5), USCIS Policy Alert PA-2025-03 and the BLS Occupational Outlook Handbook.
There is no official national interest waiver jobs list. USCIS does not publish a list of occupations that qualify for an EB-2 National Interest Waiver (NIW), and neither the statute, the regulation at 8 CFR 204.5 nor the USCIS Policy Manual chapter on the NIW contains one. Two things decide a case instead. First, you must qualify for EB-2, and since January 2025 USCIS has required the occupation behind your work to be a “profession” (unless you qualify through exceptional ability). Second, your specific proposed endeavor must pass the three prongs of Matter of Dhanasar. A job title settles neither.
Any EB2 NIW job list you find online was compiled by a law firm or consultant, not by USCIS. This guide explains the two-layer test, the official references worth checking and what each can and cannot show. It ends with a table of fields our clients often come from. Nothing in it is “approved”: USCIS decides every petition on its own record.
Key takeaways
- USCIS publishes no list of NIW jobs, and no NIW approval data by occupation.
- The occupation you will work in must be a profession: one listed in INA 101(a)(32), or one for which a U.S. bachelor’s degree or foreign equivalent is “the minimum requirement for entry.”
- That test looks at the occupation’s general entry requirements, “not by the credentials of any one person.”
- The Dhanasar prongs judge “the specific endeavor,” and USCIS says its analysis “focuses on what the person will be doing rather than the specific job title.”
- BLS, the DHS STEM list and the White House list of critical and emerging technologies are useful references. None of them is an NIW list.
Is there an official national interest waiver jobs list?
No. Here is what the official sources actually contain:
- The statute. INA 101(a)(32) says “profession” “shall include but not be limited to architects, engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary schools, colleges, academies, or seminaries.” That defines professions for EB-2. It is not a list of NIW approvals, and “not be limited to” means other occupations can be professions too.
- The regulation. 8 CFR 204.5(k)(2) adds “any occupation for which a United States baccalaureate degree or its foreign equivalent is the minimum requirement for entry into the occupation.” It names no further occupations.
- The Policy Manual. The USCIS Policy Manual, Volume 6, Part F, Chapter 5 says USCIS “considers, on a case-by-case basis, whether the occupation in which the person proposes to advance the intended endeavor (including certain entrepreneurial endeavors) is a profession.”
USCIS does not publish NIW decisions by occupation either. Its Form I-140 data workbook counts NIW petitions by quarter, state and country of birth, but not by job. In short, there is no EB2 NIW occupation list from USCIS, only an official definition of “profession.”
What USCIS checks instead of a national interest waiver jobs list
USCIS works in a fixed order. It “evaluates threshold eligibility for the EB-2 classification prior to addressing the national interest waiver eligibility,” and if that layer fails it may “issue a denial without reaching the national interest waiver determination.” For the degree and experience routes, see Who Qualifies for EB2 NIW? If you are new to the category, start with What is EB-2 NIW?
Layer 1: the occupation behind your endeavor must be a profession
This rule came with PA-2025-03, the January 15, 2025 Policy Manual update: “The intended occupation through which the person plans to advance the proposed endeavor must meet the definition of a profession.” Three points follow:
- It is about the occupation, not you. “A professional occupation is determined by the general requirements to enter the intended occupation, and not by the credentials of any one person seeking to work in that field.”
- Your degree cannot change the occupation. USCIS’s example is a person with a master’s or Ph.D. in engineering who intends to start a bakery and “may have difficulty” qualifying, because baking does not typically require a bachelor’s degree. “The occupation underlying the endeavor is determinative.”
- You carry the burden. The petitioner must show “by a preponderance of the evidence, that the intended occupation requires at least a bachelor’s degree or its foreign equivalent degree for entry.”
If you rely on a bachelor’s degree plus five years of experience, the experience “must occur after completion of the bachelor’s degree” and be in the specialty. If your occupation does not require a degree, the other route is exceptional ability: evidence meeting at least three of six criteria in 8 CFR 204.5(k)(3)(ii), a final merits determination, and an area of exceptional ability “directly related to the person’s proposed endeavor.”
Layer 2: the Dhanasar prongs judge your endeavor, not your job title
Once EB-2 is established, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) asks whether the endeavor has “both substantial merit and national importance,” whether you are “well positioned to advance the proposed endeavor,” and whether, on balance, waiving the job offer and labor certification benefits the United States. The first prong “focuses on the specific endeavor that the foreign national proposes to undertake,” which the Policy Manual says “is more specific than the general occupation.” In Dhanasar, “the occupation was engineer while the endeavor was engaging in research and development relating to air and space propulsion systems.” See our Overview of the Three Prongs of EB-2 NIW.
That is why a list of job titles cannot answer the question: two people with the same title can propose very different endeavors. The Policy Manual also closes two shortcuts that job lists imply. Proposing to work “in an occupation with a national shortage” is, alone, “insufficient” for national importance, and citing “the general importance of the profession of classroom teaching would not alone be sufficient.”
Official reference lists that help (none is an NIW list)
| Reference | What it contains | How it is used | What it does not do |
|---|---|---|---|
| BLS Occupational Outlook Handbook | Typical entry-level education for each occupation | The Policy Manual cites the BLS bakers profile in its profession example | “Typically needs” is not a legal minimum |
| DHS STEM Designated Degree Program List (July 22, 2024) | Degree fields, by CIP code, treated as STEM for the STEM OPT extension | STEM is undefined in the NIW rules, so officers “may refer to” the STEM OPT definition “for guidance” | It lists degrees, not jobs, and does not prove national importance |
| White House Critical and Emerging Technologies List (August 2026) | 14 technology areas with example subfields | Officers use “governmental, academic, and other authoritative and instructive sources” to identify these technologies | The Policy Manual does not name it, and its subfields “are not meant to be comprehensive” |
| DOL Schedule A (20 CFR 656.5) | Physical therapists and professional nurses | A shortcut in employer-sponsored labor certification | It is not an NIW list |
The STEM list was last updated through a July 23, 2024 Federal Register notice. The technology list is Appendix A of the August 2026 National Security Science and Technology Strategy.
How to use these references
BLS: open the profile for the occupation you will actually work in and read the “How to Become One” tab. A sentence saying some workers enter with a lesser credential signals that a bachelor’s may not be the minimum for entry, which your petition would have to address. For bakers, BLS lists “No formal educational credential.”
STEM and technology lists: these matter most for the second and third prongs. USCIS calls an advanced degree, “particularly a Doctor of Philosophy (Ph.D.), in a STEM field tied to the proposed endeavor” and related to a critical and emerging technology or other STEM area important to U.S. competitiveness or national security, “an especially positive factor.” These considerations “may apply in non-STEM endeavors,” and “a degree in and of itself” does not show you are well positioned. Tie your endeavor to a listed technology only where evidence supports it. The Policy Manual’s examples are “certain critical areas of artificial intelligence or quantum information science,” reviewed “on a case-by-case basis.”
Not sure which occupation your work falls under, or whether your endeavor is specific enough? Our free EB-2 NIW profile evaluation reviews your degree, experience and proposed endeavor against these sources and points out where the record looks thin.
EB2 NIW jobs: what official sources say about common fields
The second column shows what the statute or BLS says about entering each occupation (BLS profiles last modified August 27 or October 29, 2026). The third shows a question USCIS guidance raises for that field. This is not a list of jobs that qualify.
| Field | Official signal on entry | Question to address | Skycap guide |
|---|---|---|---|
| Engineers (all disciplines) | Named in INA 101(a)(32) | Describing “the specific projects and goals, and the area of engineering,” not duties | EB2 NIW for engineers |
| Software engineers | BLS: typically a bachelor’s degree | USCIS says adapting an employer’s code for clients faces “difficulty” on national importance without broader impacts | Software engineers |
| Data analysts | No BLS “data analyst” profile; operations research analysts typically need at least a bachelor’s | Naming the recognized occupation you will work in | Data analysts |
| Data scientists and ML engineers | BLS: “at least a bachelor’s degree, but some jobs require a master’s or doctoral degree” | Linking the endeavor to a technology area with evidence | Data scientists |
| Civil engineers | Engineers named in INA; BLS: bachelor’s in civil engineering or a related field | Impact beyond one employer or project | Civil engineers |
| Petroleum engineers | Engineers named in INA; BLS: bachelor’s degree | National importance beyond one operator’s output | Petroleum engineers |
| Cybersecurity | BLS: typically a bachelor’s, but “some workers enter the occupation with a high school diploma and relevant industry training and certifications” | Showing the occupation requires a bachelor’s for entry | Cybersecurity |
| Nurses | BLS: RNs take one of three education paths, and licensed graduates of any can qualify for entry-level staff nurse jobs; nurse practitioners need a master’s | For staff RNs, the profession test itself | Nurses |
| Medical laboratory scientists | BLS: technologists typically earn a bachelor’s; technicians typically complete an associate’s | Technologist or technician? | Medical lab scientists |
| Entrepreneurs and founders | No single BLS occupation; USCIS reviews “certain entrepreneurial endeavors” case by case | The occupation underlying the business; “Not every entrepreneur qualifies” | Entrepreneurs |
| Physicians and surgeons | Named in INA 101(a)(32) | A separate physician NIW for underserved areas or VA facilities also exists (8 CFR 204.12) | – |
| Teachers | Named in INA 101(a)(32) | Classroom teaching “without broader implications for a field or region” generally lacks national importance | – |
| Pharmacists | BLS: typically a Pharm.D. | Impact beyond one employer | – |
| Bakers (USCIS’s own example) | BLS: “No formal educational credential” | The profession test | – |
If your field is missing, use the same method: identify the occupation, check its entry requirement, then test the endeavor. A row tells you which question to prepare for, not how USCIS will decide.
When BLS says “typically”: the gray zone in national interest waiver professions
BLS describes what workers typically need, while the regulation asks what is “the minimum requirement for entry.” For most engineering and computing occupations the two line up. Where BLS lists other entry routes, such as cybersecurity certifications, associate’s-degree nursing programs or associate’s-level laboratory technician roles, the petition has to deal with the gap. USCIS’s own guidance on employer-sponsored petitions describes registered nurse petitions as “a particular problem” and, citing the Department of Labor’s O*NET database, says “a registered nurse job, by contrast, usually does not require an advanced degree.”
There are two ways through. One is to show that the specific occupation you will work in (a nurse practitioner rather than a staff nurse, for example) requires at least a bachelor’s for entry. The other is exceptional ability, with expertise directly related to the endeavor. Which fits is a case-specific question; for complex situations, consult a licensed immigration attorney.
Check your own occupation in five steps
- Name the occupation through which you will advance your endeavor, using the BLS name rather than your employer’s title.
- Open its BLS profile and note the typical entry-level education and any alternative entry paths.
- Choose your EB-2 route: an advanced degree, a bachelor’s plus five years of post-degree experience in the specialty, or exceptional ability.
- Write the endeavor in one paragraph: the specific projects, and who benefits beyond your employer.
- Only then check whether it relates to a STEM area or a listed technology, and gather evidence for that link.
Hypothetical example: two civil engineers share the same table row. One proposes “to work as a civil engineer at a consulting firm.” The other proposes to develop flood-resistant culvert designs and publish design guidance for county road departments. Only the second describes an endeavor whose reach beyond one employer can be tested, and neither proves anything without evidence.
Frequently Asked Questions
Does USCIS publish an EB2 NIW list of professions?
No. The statute names six professions as examples, and the regulation adds any occupation that requires at least a bachelor’s degree for entry. USCIS decides case by case whether your occupation fits.
Does my job have to be in STEM?
No. Dhanasar says merit may be shown in areas “such as business, entrepreneurialism, science, technology, culture, health, or education.” The STEM guidance can help, and USCIS says it may also apply to non-STEM endeavors.
If my occupation is on a shortage list, does it qualify?
Not on that basis. Schedule A serves employer-sponsored labor certification. For the NIW, working in a shortage occupation is, alone, insufficient for national importance, and a national labor shortage does not by itself satisfy the third prong.
Which NIW jobs get approved most often?
No official data ranks national interest waiver occupations. USCIS’s I-140 workbooks report NIW counts by quarter, state and country of birth only.
Do I need a job offer?
No. An NIW petition “does not need to be supported by a job offer; therefore, the person may file as a self-petitioner.” You still name the occupation through which you will advance your endeavor.
Want to see how your own occupation and endeavor measure up? Start with our free profile evaluation. Our petition team reviews the evidence you have now and points out gaps. It is a review of your evidence, not a prediction of any USCIS decision.
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.
