Do I need to speak English to apply for EB-2 NIW?

There is no general English test, minimum score, or language-proficiency certificate listed as an independent EB-2 NIW requirement in the category’s general rules or Form I-140. That answer does not mean language is always irrelevant.

Three separate questions should not be confused:

1. Does EB-2 NIW require a general English test? The sources listing its requirements do not establish one.

2. Can documents be submitted only in Portuguese? No. A foreign-language document submitted to USCIS must include a complete English translation and the translator’s certification.

3. Can the proposed professional endeavor require English in practice? Yes. A profession, license, certification, job, educational institution, or the way the proposed endeavor will be carried out may impose requirements or make language ability relevant.

So, “NIW has no general English test” and “English does not matter” are very different statements.

What the general EB-2 NIW rules require

The analysis begins with EB-2 classification. A person must establish one of two bases:

• status as a professional with an advanced degree or equivalent; or

• exceptional ability in the sciences, arts, or business.

Then comes the National Interest Waiver analysis. *Matter of Dhanasar* organizes it into three criteria:

1. the endeavor or professional project the person intends to pursue in the United States must have substantial merit and national importance;

2. the person must be well positioned to advance that endeavor; and

3. on balance, it must be beneficial to the United States to waive the job offer and labor certification.

The EB-2 and NIW statute, the EB-2 regulation, the precedent, and USCIS guidance incorporated into the Policy Manual do not list a general English test, minimum score, or language certificate as an independent requirement of this analysis.

That conclusion is limited to the general EB-2 NIW requirements. It does not establish that no other rule applicable to the person, profession, or later stage can require English.

No general English test does not make language irrelevant

The second Dhanasar criterion asks whether the person is well positioned to advance the proposed endeavor. USCIS assesses the full record, including education, experience, prior progress, plan, support, and implementation circumstances.

Language may be relevant when it is connected to the project’s feasibility—for example, when the work depends on:

• technical communication within a team;

• teaching or research at a particular institution;

• direct service to the public;

• a licensing or certification requirement;

• an employer with its own language requirements;

• participation in an academic course or program; or

• a realistic plan to begin and develop the work in the United States.

This does not create a “fourth NIW criterion” or a universal English score. Relevance depends on the specific endeavor. A plan may provide for a bilingual team, training, adjustment phases, or roles with different language needs. The legal point is consistency among what the person intends to do, how they intend to do it, and the evidence submitted.

Documents in Portuguese require a complete English translation

The translation requirement differs from the applicant’s personal proficiency.

The official Form I-140 instructions require a complete English translation when a document contains information in a foreign language. The translator must certify:

• that the translation is complete and accurate; and

• that they are competent to translate from the foreign language into English.

The certification must also include the translator’s signature, printed name, signature date, and contact information.

Accordingly, the absence of a general English test does not permit submission of Portuguese originals alone or translation of only favorable portions. Completeness, legibility, and certification are separate documentary issues.

Nor should the Brazilian concept of a sworn translation automatically be carried over to USCIS. U.S. instructions describe the certification required for the submitted document. The appropriate format in a specific case should be checked under the relevant form, stage, and document.

A profession or license may have its own requirements

Immigration approval and authorization to practice a regulated profession are separate matters. NIW does not replace a state license, occupational certification, or professional rule.

The immigration regulations themselves provide an express example. 8 CFR §212.15 addresses certification for certain foreign health care workers and includes English requirements for covered occupations, with defined tests and exceptions. The rule also explains that the certificate is not authorization to practice the occupation.

This example must be read carefully:

• it does not apply to every profession;

• physicians are outside that specific rule;

• exceptions exist for certain education and situations; and

• licensure, health-care-worker certification, and an immigration benefit remain distinct analyses.

It shows why the NIW general rule alone does not answer a professional question. The applicable requirement must be located with the authority for the profession and state where the person intends to work.

An employer may assess English even when a job offer is waived

Under NIW, the job offer and labor certification may be waived. That permits self-petitioning, but it neither prohibits employment nor requires self-employment.

If the plan involves a job, the employer may have its own communication, safety, service, or production requirements. An offer, discussion with potential employers, or job description can also help show how the endeavor will be carried out. The immigration waiver does not erase the realities of the position.

Conversely, an employer’s requirement does not become a universal EB-2 NIW requirement. It applies to that opportunity or context and should be treated accordingly.

Study and training can require separate proficiency

The same reasoning applies to universities and training programs. EducationUSA, a Department of State network, explains that institutions may set their own procedures, require evidence of proficiency, offer conditional admission, request additional training, or use placement tests.

Those requirements belong to the educational process, not the general NIW requirements. If the proposed endeavor depends on admission to a course, residency, fellowship, research, or other training, the person needs a path consistent with that institution’s actual rules.

How to assess English in the proposed endeavor

Rather than asking only, “Am I fluent?”, a useful analysis connects language and implementation. Important questions include:

1. What specific work will be performed in the United States?

2. Is the activity regulated? Which authority sets licensure or certification?

3. Does the plan depend on an employer, university, patients, students, clients, or a technical team?

4. Is there a current, formal language requirement for that setting?

5. Which tasks require spoken, written, or technical English?

6. Is there preparation, bilingual support, or an adjustment phase consistent with the project timeline?

7. Are the documents proving education and experience complete and correctly translated?

These answers help distinguish three situations:

• no general language requirement in the category: the EB-2 NIW starting point;

• an identified external requirement: a professional, licensing, employment, or educational rule that must be met; and

• evidentiary relevance: language and planning help show whether the endeavor is feasible, even without a required immigration exam.

The answer depends less on a score than on a coherent plan

For EB-2 NIW, no English score by itself makes a person eligible or ineligible. Nor does a fluency level replace education, exceptional ability, national importance, positioning, or the waiver balance.

At the same time, disregarding the real language demands of a profession or project can weaken the explanation of how the work will be performed. Planning should be proportionate to the proposed endeavor and supported by facts, without inventing a requirement the rule does not impose or concealing an external requirement that actually applies.

To examine how a professional background, proposed endeavor, and professional conditions connect in a specific situation, learn about Linhares Law’s EB-2 NIW practice.