EB-2 and EB-2 NIW Visa Advice in Bangladesh

by Barrister Tahmidur Rahman | Oct 21, 2026

Private Client & EmploymentAdvanced-degree green cards, properly evidenced8 min read

EB-2 and EB-2 NIW Visa Advice in Bangladesh

We prepare EB-2 and EB-2 NIW visa cases for Bangladeshi engineers, doctors, researchers, founders and other professionals, building the proposed endeavour, evidence and documents in Dhaka and coordinating each petition with US-licensed immigration counsel, from first assessment through to the green card.

Overview

How we handle the EB-2 NIW visa for Bangladeshi professionals

The EB-2 category is the second-preference US employment-based green card for professionals holding an advanced degree, or its equivalent, and for people of exceptional ability. Normally a US employer must sponsor the applicant and complete labour certification. The national interest waiver removes both requirements, so an EB-2 NIW visa allows a qualified professional to self-petition from Bangladesh without a job offer. That freedom is why the route is popular with Bangladeshi engineers, physicians, academics and entrepreneurs. It is also why USCIS reviews these petitions closely. TRW & Co advises on whether the route fits before clients commit time and money.

TRW is a Bangladesh law firm. We assess eligibility, define and document the proposed endeavour, verify Bangladeshi degrees and employment records, prepare petition drafts and exhibits, brief referees and handle the Bangladesh law matters around an EB-2 NIW visa, including tax filings, property and the lawful transfer of funds. We prepare and coordinate every matter with US-licensed immigration counsel, who sign and file the petition and represent the client. TRW does not itself represent clients before USCIS or US consulates. This work sits within our private client practice, alongside related tax, property and family advice.

The waiver is decided under a three-part test from the Matter of Dhanasar decision. The proposed endeavour must have substantial merit and national importance. The applicant must be well positioned to advance it, judged by education, skills, record of success and concrete plans. On balance, waiving the job offer and labour certification must benefit the United States. USCIS guidance updated in January 2025 confirms that the applicant must first qualify for EB-2 itself, through an advanced degree or exceptional ability, before the national interest analysis begins. Many weak EB-2 NIW visa filings skip that threshold step entirely and fail.

Bangladeshi qualifications need careful treatment. A master's degree, or a bachelor's degree followed by five years of progressive experience, can establish advanced-degree eligibility if a credential evaluation confirms US equivalence. Some three-year degrees and professional diplomas need closer analysis, and experience letters must describe duties, dates and seniority precisely. Exceptional ability is a separate route requiring at least three of six regulatory criteria, such as licences, memberships, peer recognition and salary evidence. We review transcripts, certificates and employer letters at the outset so that the EB-2 NIW visa petition rests on a qualification USCIS will accept without dispute.

USCIS has tightened its review of national interest waiver petitions and may refuse a weak filing without first requesting further evidence. Bangladesh falls within the worldwide EB-2 queue, which has seen waiting times in recent years, so approval of the petition and issue of a green card can be separated by a long gap. Immigrant visa interviews in Dhaka were also disrupted in 2026 by pauses affecting Bangladeshi and then all applicants. In 2026 we check the current Visa Bulletin and consular position before advising on any EB-2 NIW visa timeline, and our Dhaka office can arrange an assessment.

01 · What we handle

Core workstreams

  • Eligibility and route review
  • Defining the proposed endeavour
  • Credential and experience evidence
  • Expert letters and exhibits
02 · How it runs

Four clear stages

  1. 01Assessment and strategy
  2. 02Endeavour and evidence
  3. 03Filing and responses
  4. 04Green card and departure
03 · Start here

Talk to a partner

Consultations in Dhaka or by video. Scope, team and fees are agreed in writing first.

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How we help

What we do on EB-2 and NIW matters

Workstream 01Private Client & Employment

Eligibility and route review

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
Workstream 02Private Client & Employment

Defining the proposed endeavour

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
Workstream 03Private Client & Employment

Credential and experience evidence

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
Workstream 04Private Client & Employment

Expert letters and exhibits

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
Workstream 05Private Client & Employment

Employer-sponsored EB-2 support

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
Workstream 06Private Client & Employment

Green card stage and relocation

  • Assessment and strategy
  • Endeavour and evidence
  • Filing and responses
  • Green card and departure
01

Eligibility and route review

We test the applicant's degrees, experience and achievements against the advanced-degree and exceptional-ability standards, then against the three Dhanasar prongs. We compare an EB-2 NIW visa with EB-1A, employer-sponsored EB-2 and temporary routes such as H-1B or O-1. The outcome is a written assessment, prepared with US counsel, of realistic prospects, evidence gaps and expected timing. We also flag where waiting a year to strengthen the record would serve the client better.

02

Defining the proposed endeavour

The proposed endeavour is the core of the petition. We help clients describe a specific, credible plan of work in the US, whether in research, medicine, engineering, technology or business, and explain its national importance with evidence rather than slogans. For founders, we review business plans, market data and funding records so the plan reads as achievable and well grounded. A well-defined endeavour is what separates a credible EB-2 NIW visa petition from a generic one.

03

Credential and experience evidence

For every EB-2 NIW visa matter we gather and verify Bangladeshi degree certificates, transcripts, professional registrations and employment letters, and coordinate credential evaluations accepted in US practice. Where an employer has closed, records are incomplete or names differ between documents, we prepare affidavits and secondary evidence so that the EB-2 threshold is proved cleanly before the national interest arguments are even reached.

04

Expert letters and exhibits

Independent letters explaining why the applicant's work matters, and how it has been used by others, carry far more weight than praise from colleagues. We identify suitable referees, prepare factual briefing notes, review drafts for accuracy and organise publications, citations, media coverage and project records into exhibits mapped against each Dhanasar prong of the EB-2 NIW visa petition. Weak or duplicated letters are replaced, not padded.

05

Employer-sponsored EB-2 support

Where a US employer will sponsor the applicant through labour certification instead, we support the employer's US counsel with Bangladeshi evidence of the applicant's degree and experience, verify employment history and prepare documents for the later green card stage. We also advise Bangladeshi groups seconding staff to US affiliates on structuring and documenting those arrangements properly. Labour certification itself is handled by the employer's US counsel under Department of Labor rules.

06

Green card stage and relocation

After petition approval, we prepare civil documents and translations for the National Visa Center and the Dhaka immigrant visa interview, or support adjustment of status in the US. We also advise on Bangladeshi tax residency, final returns, wealth statements, foreign exchange rules for transferring savings, and powers of attorney for property and accounts left in Bangladesh. Where family members follow later, we plan the sequence of their applications too.

RecognitionThe Legal 500Asia Pacific ranks Tahmidur Remura Wahid (TRW) Law Firm for dispute resolution in Bangladesh.
Cross-border reach6 jurisdictionsMatters coordinated with counsel in the UK, US, UAE, China, India and Singapore.
Bar and admissionsDhaka and LondonBarristers and advocates in Bangladesh, with a solicitor of England and Wales (non-practising).
HeadquartersDhakaHouse 410, Road 29, Mohakhali DOHS. Consultations in person or by video.
Who leads this work

Partner-led, on every matter.

Private Client & Employment matters at TRW are led by partners, supported by associates, with one responsible lawyer from first advice to final outcome.

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01

Can I apply for an EB-2 NIW visa from Bangladesh without a job offer?

Yes. That is the point of the national interest waiver. The applicant self-petitions and does not need a US employer or labour certification, provided they qualify for EB-2 and satisfy the three Dhanasar prongs. They must still show a credible plan to work in their proposed endeavour in the US, and evidence of contacts, letters of interest from potential partners or employers, or committed funding can help. We assess whether the plan is specific enough, and whether the applicant's record makes them well positioned to carry it out, before the petition is drafted with US counsel.

02

Does my Bangladeshi degree qualify me for the EB-2 category and an NIW?

Often, but it must be shown properly and consistently. A Bangladeshi master's degree from a recognised university, or a four-year bachelor's degree followed by five years of progressive post-degree experience, usually supports advanced-degree eligibility if a credential evaluation confirms US equivalence. Three-year pass degrees, diplomas and combinations of qualifications need closer analysis and sometimes rule out the advanced-degree route, leaving exceptional ability or further study as the alternatives. We review transcripts, certificates, mark sheets and experience letters early, because a weak threshold case undermines an EB-2 NIW visa petition however strong the national interest arguments may be.

03

What makes a proposed endeavour nationally important for an EB-2 NIW visa?

National importance looks at the potential prospective impact of the work, not simply the applicant's job title or the importance of the industry. Endeavours in areas such as healthcare, engineering, technology, clean energy, research or job-creating businesses can qualify if the petition explains concretely how the work has broader implications beyond one employer or client. Generic claims about a field being important to America rarely succeed on their own. We help clients define a specific endeavour, support it with government reports, data and expert letters, and test it critically before the EB-2 NIW visa petition is finalised.

04

How long does an EB-2 NIW visa case take for a Bangladeshi applicant?

There are several stages. Preparing a well-evidenced petition usually takes weeks to a few months, depending on how quickly letters and records arrive. USCIS adjudication of the Form I-140 can be shortened with premium processing. After approval, the applicant's priority date must be current under the worldwide EB-2 category in the Visa Bulletin, which has involved waiting times in recent years. The National Visa Center and Dhaka interview stages then follow, and 2026 has seen interview disruption. We give a staged estimate based on current information and update it as the Visa Bulletin and consular conditions change.

05

Is an EB-2 NIW visa easier to obtain than an EB-1A green card?

The standards are different rather than simply lower. EB-1A requires sustained national or international acclaim and placement at the top of the field. An EB-2 NIW visa requires advanced-degree or exceptional-ability eligibility plus a nationally important endeavour the applicant is well positioned to advance. Many accomplished Bangladeshi professionals fit the second test better than the first, particularly earlier in their careers. EB-1 has generally had a shorter worldwide queue, so strong candidates sometimes file both petitions in parallel. We compare the two against the client's actual evidence and advise with US counsel on the better route.

06

What does TRW handle, and what does US immigration counsel handle?

TRW is a Bangladesh law firm. We lead strategy discussions with the client, document the proposed endeavour, verify Bangladeshi degrees and employment records, prepare draft petition materials and exhibits, manage referees and advise on Bangladesh tax, property and foreign exchange issues. US-licensed immigration counsel review the case under US law, sign and file the petition, and represent the client before USCIS and in consular matters. TRW does not itself represent clients before USCIS or US consulates. We coordinate the two sides so documents, timelines and advice remain consistent throughout the EB-2 NIW visa matter, from assessment to arrival.

07

Can my spouse and children obtain green cards through my EB-2 NIW visa petition?

Yes. A spouse and unmarried children under 21 can usually obtain green cards as derivatives of the principal applicant, without separate petitions. Their Bangladeshi marriage and birth records, police certificates and translations must be accurate, properly translated and consistent with the principal's documents and with any earlier US visa applications. Where a child is close to 21, the long EB-2 queue makes age calculations critical, so we review dates with US counsel at the start. We also advise on schooling, property, guardianship and powers of attorney where families relocate in stages rather than travelling together.

08

What can be done if an EB-2 NIW visa petition is denied?

Options depend on the reasons. US counsel may file a motion to reopen or reconsider, appeal to the Administrative Appeals Office or prepare a stronger new petition. A refiled petition often addresses the gaps more quickly than an appeal, particularly where the problem was thin evidence of national importance or of the applicant's positioning. We review the decision with US counsel, separate evidential weaknesses from legal errors and advise on whether, when and on what evidence to refile. A careful first filing remains the best protection, given current adjudication trends and the cost of starting again.

How a matter runs

From first call to resolution.

  1. 01

    Assessment and strategy

    We review degrees, experience and achievements against EB-2 eligibility and the Dhanasar test, then agree a written EB-2 NIW visa strategy, budget and timetable with US-licensed immigration counsel before any drafting or referee contact starts.

  2. 02

    Endeavour and evidence

    We define and test the proposed endeavour with the client, verify and translate Bangladeshi records, coordinate credential evaluation, brief independent referees and assemble indexed exhibits mapped to each prong of the EB-2 NIW visa petition.

  3. 03

    Filing and responses

    US counsel finalise, sign and file the Form I-140, with premium processing where it serves a purpose. We support any USCIS request for evidence with further Bangladeshi documents and explanations. Each response is checked for consistency with the original filing.

  4. 04

    Green card and departure

    When the priority date is current, we prepare documents for the National Visa Center and Dhaka interview, or support adjustment in the US, and settle Bangladesh tax, property and remittance matters before the family's departure from Dhaka.

“Demonstrates an extraordinary command over both domestic litigation and international arbitration.”

The Legal 500 Asia Pacific, Bangladesh: Dispute resolution, client feedback

FAQ

Questions, answered.

Still unsure? Email info@trw.co with a short outline of the matter.

Do I need publications to qualify for an EB-2 NIW visa?
No. Publications and citations help researchers and academics, but they are not required. Engineers, physicians, entrepreneurs and other professionals can show positioning through project records, patents, licences, contracts, funding, awards, media coverage and letters from people who have used their work. What matters is credible evidence that the applicant can advance the specific endeavour described in the petition, rather than a fixed checklist of items. We help clients identify which of these they can document reliably.
Can I file an EB-2 NIW visa petition while studying or working in the US?
Yes. Many applicants file while in F-1, H-1B, J-1 or other status. If the priority date is current, adjustment of status may be possible without returning to Dhaka. J-1 holders should check any two-year home residence requirement first. Filing the petition does not itself extend current status, so US counsel review current status, expiry dates and travel plans with us before filing. Where an EB-2 NIW visa petition is pending, international travel needs particular care.
Is a business plan required for entrepreneurs filing under the NIW?
Not formally, but founders usually need one in substance. USCIS will want to see what the business will do, why it matters beyond the company itself, how it will be funded and why the founder is well positioned to lead it. We review business plans, company records, financial projections, investor interest and Bangladeshi track record so the endeavour reads as achievable and supported by evidence. Unsupported revenue projections tend to weaken, not strengthen, an EB-2 NIW visa petition.
How is a standard EB-2 petition different from the NIW route?
A standard EB-2 petition requires a US employer to offer a permanent job and usually to complete labour certification with the Department of Labor, testing the US labour market. The national interest waiver removes both requirements but replaces them with the Dhanasar test. Where a supportive employer exists, the standard route can suit applicants whose work is valuable but harder to frame as nationally important. We help clients compare both routes with US counsel before choosing.
Does premium processing help an EB-2 NIW visa case?
Premium processing is available for national interest waiver petitions and gives a faster USCIS decision on the Form I-140 for an additional government fee. It does not shorten the Visa Bulletin queue or speed up interview scheduling in Dhaka. We advise honestly on whether it is worth paying, for example where a US student or work status is ending or an employer needs an early answer. The additional fee is payable to USCIS directly.
Can a doctor trained in Bangladesh use the national interest waiver?
Physicians can qualify through the national interest waiver, including under specific provisions for doctors working in underserved areas, but clinical practice in the US also requires licensing and, usually, residency or other training steps. We review MBBS and postgraduate records, BMDC registration and clinical experience, and coordinate with US counsel on how licensing plans affect the proposed endeavour and the timing of the petition. Medical evidence must be specific about where and how the doctor will practise.
What Bangladeshi documents will I need for the petition and the visa?
Expect degree certificates and transcripts, credential evaluations, experience letters on letterhead, passport copies, birth and marriage records, police clearance certificates for the visa stage and evidence of achievements. Documents in Bengali need certified English translations. We check spellings and dates across every document, because inconsistencies between Bangladeshi records and US forms cause avoidable delay. Police clearance certificates are timed to the visa stage so they remain current, and missing records are replaced through the issuing office where possible.
How are your fees for an EB-2 NIW visa matter set?
We agree scope and a written fee estimate before work starts, normally staged by assessment, petition preparation and the green card stage. US counsel's fees and US government filing fees are separate and are explained at the outset. We cannot guarantee any decision by a US agency, and where the route is not realistic we say so at the assessment stage. Payment schedules follow the stages of the work, so clients are never asked to pay far ahead.

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EB-2 NIW visa: TRW & Co, Dhaka
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