EB-2 NIW lawyer consultation in Florida — Dhanasar three-prong evaluation, evidence checklist, flat-fee quote. Bilingual EN/RU. (305) 315-3425.
The EB-2 National Interest Waiver is one of the most valuable green card pathways in U.S. immigration law — but it is also one of the most evidence-intensive, and the difference between a successful petition and a denial often comes down to how the case is built. At Fitenko Law, we offer a $200, 20-minute EB-2 NIW lawyer consultation with Attorney Ekaterina Fitenko (the fee is credited toward your legal fee if you retain the firm), focused entirely on whether your professional record realistically supports a National Interest Waiver under the Matter of Dhanasar framework — and if so, what the most efficient strategy is to file. Schedule online or call (305) 315-3425. Consultations available in English and Russian, in person at our Hallandale Beach office or by secure video.
The EB-2 National Interest Waiver allows qualifying foreign nationals — typically researchers, physicians, engineers, technology professionals, entrepreneurs, and other advanced-degree professionals — to obtain a U.S. green card without an employer sponsor and without the PERM labor certification process. The applicant must demonstrate that their proposed endeavor in the United States serves the "national interest" sufficiently to warrant waiving the standard labor-certification requirement. Because the petition is self-filed, the applicant controls their own immigration timeline and is not tied to any specific employer — a significant strategic advantage over H-1B, L-1, or traditional EB-2/EB-3 PERM pathways. For a deeper overview, read our complete EB-2 NIW guide.
USCIS evaluates every EB-2 NIW petition under the three-prong standard established in the 2016 Matter of Dhanasar precedent decision. During your consultation, we evaluate your case against each prong:
Your "proposed endeavor" — the specific work you intend to pursue in the United States — must have substantial intrinsic merit (in any field: science, technology, business, education, arts, public health, etc.) and national-level importance (the work's impact extends beyond your immediate employer or geographic region). During consultation we map your endeavor to documented national priorities, government reports, industry analyses, and policy literature that elevate its perceived importance. Vague endeavors fail Prong 1; specific, well-defined endeavors with measurable national impact succeed.
USCIS evaluates whether your education, skills, track record, and resources realistically position you to advance the proposed endeavor. Strong Prong 2 evidence includes advanced degrees in directly relevant fields, prior professional achievements demonstrating capability, citations and peer recognition of your work, expert advisory letters from independent specialists in your field, business plans or grant funding for entrepreneurs, and clinical privileges or board certifications for medical applicants. During consultation we inventory what you already have and identify gaps to address before filing.
The third prong requires showing that, on balance, it benefits the United States to waive the standard requirement that a U.S. employer test the labor market through PERM. This is typically established through evidence of urgency, your unique qualifications, the impracticality of using PERM for your specific work, and the broader benefit to U.S. interests. Prong 3 is where many self-prepared petitions fail — applicants assume strong Prongs 1 and 2 automatically satisfy Prong 3, but USCIS requires affirmative argument on balance-of-equities.
To get maximum value from the consultation, please have the following ready (digitally or printed):
You do not need to have all of this perfectly organized. The consultation is diagnostic — we help you identify what you have, what you need, and how to assemble it efficiently.
Book online via our scheduling form or call (305) 315-3425. We confirm within one business day and offer next-available slots, typically within 3-5 business days. Same-week appointments are usually available for urgent matters such as approaching visa expirations, RFE deadlines, or job-change windows that affect filing strategy.
You speak directly with Attorney Fitenko — not a paralegal, not an associate. The conversation covers your CV walkthrough, the three Dhanasar prongs applied to your specific record, comparison with alternative pathways (EB-1A, O-1, EB-3 PERM, marriage-based GC if applicable), realistic timeline projections, and red-flag review (prior visa overstays, prior denials, criminal history, tax issues). You ask any questions; we give straight answers.
After the consultation you receive a written summary outlining the recommended strategy, an evidence-building roadmap if your case is not yet petition-ready, and a transparent flat-fee quote for the engagement. There is no obligation to retain the firm — many clients use the summary to evaluate counsel, compare quotes, and make an informed decision.
If you choose to engage Fitenko Law, we sign a written fee agreement covering scope, payment schedule, and obligations of both parties. Most engagements begin with an initial retainer followed by milestone-based payments tied to filing, USCIS receipt, RFE response (if any), and approval. We then build your evidentiary record in collaboration with you over 4-12 weeks, prepare the I-140 petition with full exhibits and legal brief, and file with USCIS.
Fitenko Law charges flat fees for EB-2 NIW representation. Typical engagements range from $7,500 to $12,000, with the higher end reflecting cases involving complex international evidence, extensive expert-letter coordination, multiple endeavor strands, or premium-processing strategy work. The flat fee covers initial Dhanasar evaluation, evidence-building roadmap, drafting of expert letters in coordination with your recommenders, full I-140 petition preparation with exhibits and legal brief, USCIS filing, ongoing case correspondence, and one Request for Evidence (RFE) response if issued.
Government fees are separate: the USCIS I-140 filing fee is currently $715. Premium processing (15-business-day decision) adds $2,805 to the filing fee. If you are eligible to concurrently file I-485 for adjustment of status, the I-485 filing fee is $1,440 with an additional $260 biometrics fee. We disclose all fees in writing during the consultation — no hidden charges, no surprise add-ons.
PhD-level researchers with peer-reviewed publications, citations of substantive depth, expert-letter support, and a research agenda that aligns with U.S. national priorities (biomedical, climate, energy, AI, defense, public health) frequently succeed on EB-2 NIW. Citation counts alone do not guarantee approval, but well-cited research combined with a clearly articulated national-importance endeavor is a strong foundation.
Physicians serving medically underserved areas, specialists in high-demand fields, and clinicians with documented institutional contributions often qualify. Physicians using the EB-2 NIW Schedule A pathway (Physician National Interest Waiver, or PNIW) have a specific framework with five-year service commitment requirements that we evaluate during consultation.
Entrepreneurs with funded ventures, documented commercial traction, demonstrable U.S. job-creation potential, and a business plan tied to national priorities (e.g., clean energy, advanced manufacturing, biotech, supply-chain resilience) succeed on EB-2 NIW. Pure ideation without funding or traction rarely clears Prong 2.
Engineers and software professionals working on national-priority technologies (semiconductors, AI infrastructure, cybersecurity, defense systems, advanced communications), particularly those with patents, technical publications, or documented contributions to widely-deployed systems, frequently qualify.
The initial 20-minute consultation with Attorney Fitenko is $200, credited toward your legal fee if you retain the firm. We believe an informed client makes a better client, and we would rather lose a consultation to a competitor than retain a client whose case we cannot win.
If your evidentiary record is already strong, typical filing timeline is 4-8 weeks from engagement letter to USCIS filing — driven primarily by expert-letter coordination time. If your record needs additional building (more publications, additional expert letters, formalized business plan, citation accumulation), preparation may take 3-9 months. We map a realistic timeline during consultation.
Denials are unusual when cases are properly screened and built. If a denial does occur, we evaluate whether a motion to reopen/reconsider (Form I-290B) is viable, whether refiling with strengthened evidence is the better path, or whether an alternative category (EB-1A, EB-3 PERM, O-1) better fits your record. Some clients retain Fitenko Law specifically to refile or appeal a previously-denied self-prepared petition.
Yes — in fact, this is one of the most common scenarios. EB-2 NIW filing does not require giving up your current nonimmigrant status. If your priority date is current (i.e., your country is not retrogressed), you can file I-140 and I-485 concurrently and obtain a work-authorized EAD and travel-authorized Advance Parole while your green card is pending — providing significant flexibility.
Yes. Attorney Ekaterina Fitenko is fluent in Russian and conducts EB-2 NIW consultations in your preferred language. Russian-speaking professionals from research institutions, hospitals, technology companies, and entrepreneurial backgrounds form a meaningful share of our EB-2 NIW caseload, and the bilingual representation removes friction in explaining Russian-language credentials, publications, and academic affiliations to USCIS.
Both are self-petitioned green card categories with no employer sponsor requirement. EB-1A demands evidence of "extraordinary ability" with sustained acclaim placing you at the very top of your field — a higher bar. EB-2 NIW requires advanced-degree credentials plus the Dhanasar three-prong showing — a more achievable standard for accomplished mid-career professionals. Many clients qualify for EB-2 NIW today and develop their record toward EB-1A over 2-5 years. See our visa comparison guide for details on E-2 vs EB-5, O-1 vs EB-1A, and H-1B vs L-1.
If you are an advanced-degree professional considering whether the EB-2 National Interest Waiver fits your career — researcher, physician, engineer, technology professional, entrepreneur, or qualified specialist — the consultation is the most efficient first step. You will leave the call with a candid eligibility assessment, a documented strategy, and a transparent flat-fee quote, regardless of whether you retain Fitenko Law afterward.
Speak with Florida immigration attorney Ekaterina Fitenko about your EB-2 NIW case. Bilingual EN/RU. In person at Hallandale Beach or by secure video.
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