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EB-2 NIW
National Interest Waiver Visa
Use your expertise to qualify for a U.S. Green Card—no job offer or sponsorship required.
U.S. PR Route for Skilled Professionals
The EB-2 National Interest Waiver (NIW) is a distinguished category under the U.S. Employment-Based Second Preference (EB-2) visa classification. It enables qualified foreign nationals to apply for U.S. permanent residency (Green Card) without the need for a job offer, employer sponsorship, or labor certification—provided their proposed work is deemed to be in the national interest of the United States.
This pathway is particularly attractive for researchers, entrepreneurs, scientists, medical professionals, engineers, and thought leaders contributing to critical fields aligned with U.S. policy priorities.
Key Advantages of the EB-2 NIW
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1. Self-Petition Eligibility
- Applicants can independently apply for a Green Card without relying on a U.S. employer. This empowers highly skilled professionals to retain flexibility in their career direction and location.
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2. Exemption from Labor Certification (PERM)
- The NIW waives the requirement for labor market testing, significantly accelerating the overall process.
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Wide Scope of Eligible Fields
- The EB-2 NIW is open to professionals in areas of substantial merit and national importance, such as:
- Science, Technology, Engineering, and Mathematics (STEM)
- Healthcare and Public Health
- Artificial Intelligence and Cybersecurity
- Renewable Energy and Environmental Sciences
- Education, Economics, and National Security
- Business Innovation and Entrepreneurship
Eligibility Framework: Two-Tier Assessment
Step 1: EB-2 Basic Criteria
You must meet one of the following:
- An advanced degree (Master’s or higher, or a Bachelor’s with 5+ years of progressive experience)
- Exceptional ability in science, arts, or business, evidenced by meeting at least 3 out of 6 criteria established by USCIS (such as awards, professional memberships, high remuneration, published material, etc.)
Step 2: National Interest Waiver (NIW) Criteria
According to the Matter of Dhanasar precedent, the applicant must satisfy all three of the following prongs:
- 1. Substantial Merit and National Importance
- The proposed work must have a meaningful and broad impact—economically, scientifically, culturally, or in public health or security domains.
- 2. Well-Positioned to Advance the Proposed Endeavor
- Applicants must demonstrate a proven track record of success and potential through evidence such as publications, patents, research funding, media coverage, or leadership roles.
- 3. Benefit to the U.S. Justifies Waiving the Job Offer and PERM Requirement
- The petition must convincingly show that it is in the U.S. national interest to allow the applicant to proceed without a traditional employer-sponsored process.
Build Your Future in the USA.
No Sponsor Needed
Entrepreneurs, scientists, and innovators: this is your path to stay and grow.
Key Documentation Checklist
To support a successful EB-2 NIW petition, the following documents are commonly required:
- A detailed personal statement outlining your professional background and national interest contribution
- Recommendation letters (preferably from independent experts and institutions)
- Academic qualifications (degrees, certifications, transcripts)
- Evidence of publications, research impact, citations, awards, patents
- Documentation of professional achievements, funding, projects, or commercial success
Processing Timeline
- Form I-140 Petition (NIW Filing): ~6 to 12 months
- (Premium processing available – ~45 calendar days)
- Adjustment of Status (Form I-485): Varies by applicant’s country of origin and visa bulletin status.
- (Applicants from countries with current priority dates such as Canada, EU nations, Australia, and UAE may proceed faster)
Ideal Candidates for EB-2 NIW
The EB-2 NIW is best suited for:
• PhD holders, postdoctoral researchers, and academic scholars
• Healthcare professionals working in underserved or high-priority areas
• Entrepreneurs and startup founders scaling innovative businesses aligned with U.S. strategic goals
• Experts in emerging technologies, including AI, biotech, clean energy, climate science, national security, and data analytics
Strategic Considerations for Applicants
• Ensure your proposed work directly supports U.S. national objectives or public interest
• Secure strong, independently sourced letters of recommendation
• Highlight measurable outcomes and long-term potential of your contributions
• Consult a qualified immigration attorney with experience in NIW petitions for optimal documentation and presentation
Why Choose the EB-2 NIW for Global Mobility?
In a competitive global talent landscape, the EB-2 NIW offers a unique combination of flexibility, autonomy, and prestige. It allows accomplished professionals to contribute to the U.S. economy and society on their own terms—without being tied to a single employer.
This self-sponsored route is particularly relevant for globally mobile talent seeking long-term residency, entrepreneurial freedom, and the ability to pursue high-impact work in the United States.
High Skills. Global Goals. U.S. Residency.
Let’s turn your expertise into permanent residency with the EB-2 NIW.
Frequently Asked Questions
Do I need a U.S. job offer to apply for the EB-2 NIW?
No. The EB-2 NIW category allows you to self-petition without a U.S. job offer or employer sponsorship. You must, however, demonstrate that your proposed work benefits the national interest of the United States.
Can entrepreneurs or startup founders qualify under EB-2 NIW?
Yes. Founders and entrepreneurs with innovative ventures that align with U.S. policy interests—such as technology, sustainability, or public health—can qualify. Demonstrating traction, funding, or economic impact strengthens your case.
Is premium processing available for EB-2 NIW applications?
Yes. USCIS currently offers premium processing for EB-2 NIW I-140 petitions. This reduces the adjudication time to 45 calendar days, significantly accelerating the process for eligible applicants.
How important are recommendation letters in the application?
Highly important. Strong letters—especially from independent experts—are critical in validating your expertise, impact, and alignment with U.S. national interests. They should speak to your credibility and the significance of your work.
Can I include my family members in the green card application?
Yes. Your spouse and unmarried children under the age of 21 can be included as derivative beneficiaries. They will be eligible for permanent residency once your petition is approved and the visa becomes available.
What if I don’t have a PhD—can I still qualify?
Yes. While a PhD can strengthen your profile, it is not mandatory. Applicants with a master’s degree or bachelor’s plus 5 years of progressive experience—or those with exceptional ability backed by recognized achievements—can still qualify under EB-2 NIW.