EB-2 National Interest Waiver
The EB-2 National Interest Waiver (NIW) allows foreign nationals with advanced degrees or exceptional ability to self-petition for a U.S. green card by demonstrating that their work is in the national interest of the United States. Unlike standard EB-2, NIW waives the requirement for a PERM labor certification and a job offer, making it accessible to entrepreneurs, researchers, and independent professionals.
Get Started TodayEligibility Requirements
✓Requirements
- •Must qualify for EB-2 base: either hold an advanced degree (master's or higher, or bachelor's + 5 years progressive experience) OR demonstrate exceptional ability in sciences, arts, or business
- •Must satisfy the 3-prong Dhanasar test: (1) proposed endeavor has substantial merit and national importance, (2) well-positioned to advance the endeavor, (3) balance of factors favors waiving the job offer requirement
- •No specific employer required — can self-petition
- •No PERM labor certification required
★Benefits
- ✓No employer sponsor required — full self-petition
- ✓No PERM labor certification — bypasses the most time-consuming step in most green card processes
- ✓Ideal for entrepreneurs, researchers, scientists, engineers, healthcare workers, and educators
- ✓Concurrent filing of I-140 and I-485 possible if priority date is current
- ✓Spouse and children under 21 receive green cards as dependents
- ✓Work authorization (EAD) available while adjustment of status is pending
The Process
Case preparation
4–6 weeksOnce you engage us, we build your case: we tell you exactly which documents we need, review each one, and assemble the filing package. This stage moves at the pace documents reach us — the sooner we receive what we ask for, the sooner we can file.
Eligibility assessment
2–4 weeksEvaluate advanced degree and exceptional ability evidence. Build the national interest argument under the Dhanasar framework.
File I-140 with NIW request
2–8 monthsFile Form I-140 with a detailed cover letter arguing national interest. Premium processing available.
Adjustment of status or consular processing
8–24 monthsFile I-485 if in the U.S. and priority date current. Or apply for immigrant visa at U.S. consulate if abroad.
Processing Details
Timeline
I-140: 4–8 months standard, 15 business days with premium. Total process 12–36 months depending on nationality and visa bulletin
Government Fees
Government fees: $715 (I-140) + $1,440 (I-485) + biometrics. Premium processing: $2,805. Attorney fees additional.
Key Documents Required
- •Advanced degree certificates and transcripts (or exceptional ability evidence)
- •Detailed personal statement on the national importance of your work
- •Evidence of impact: citations, publications, media coverage, letters from experts
- •Letters of support from recognized experts in your field (strongly recommended)
- •Resume/CV with complete work history
- •Evidence of ongoing work/project plans in the U.S.
Frequently Asked Questions
Clear answers to common immigration questions.
Still have questions? Speak directly with an immigration attorney.
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EB-2 NIW
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Founder & Immigration Attorney
- •Washington State Bar Association
- •New York State Bar Association
Business Immigration Specialist
- •Licensed Attorney (São Paulo, Brazil)
- •LL.M., Global Business Law
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