EB-2 NIW
National interest waiver
The EB-2 national interest waiver (NIW) is a green card for people whose planned work benefits the United States. You file it yourself, and U.S. Citizenship and Immigration Services (USCIS) waives the usual job offer and labor certification (PERM) requirements. The case rests on a three-part test from a 2016 decision, Matter of Dhanasar.
Request a consultIs the EB-2 NIW for you?
- Researchers, engineers, and physicians with a clear plan for future work in the U.S.
- Founders whose companies address problems of national importance
- Professionals with a master's degree, or a bachelor's plus five years of progressive experience
- People who want a green card that does not depend on one employer
- Who sponsors
- Self-petition
- Typical stay
- Permanent
What the case needs
- 01EB-2 eligibility: an advanced degree (a master's or higher, or a bachelor's plus five years of progressive experience), or exceptional ability in the sciences, arts, or business.
- 02A clear description of the specific work you plan to do in the U.S., called the proposed endeavor.
- 03Prong 1: the proposed endeavor has substantial merit and national importance.
- 04Prong 2: you are well positioned to advance it, based on your education, skills, record of success, plan, progress so far, and interest from users, investors, or others.
- 05Prong 3: on balance, it would benefit the U.S. to waive the job offer and labor certification requirements.
Your case, start to finish.
An attorney helps you define the proposed endeavor in precise terms, since all three prongs are measured against it.
We show national importance with outside sources, such as policy reports, funding priorities, or industry data, that tie your work to wider needs.
We document your track record (publications, citations, products, funding, users, or patents) to show you are well positioned.
We draft letters with independent experts, and an attorney reviews the full petition before it is filed.
Before you ask.
Do I need a job offer?
No. That is what the waiver removes. You still need to show what you plan to do in the U.S. and that you can do it.
What is exceptional ability?
Expertise significantly above what is ordinarily seen in your field. You show it by meeting at least 3 of 6 listed criteria: a related degree, ten years of full-time experience, a license, high pay, membership in professional associations, and recognition for your achievements.
How does the NIW compare with the EB-1A?
The NIW focuses on the value of your future work and your ability to carry it out. The EB-1A focuses on acclaim you have already earned. The NIW falls under EB-2, which can have longer waits than EB-1 in the State Department's monthly Visa Bulletin for some countries.
Can my family get green cards too?
Yes. Your spouse and unmarried children under 21 can receive green cards as your dependents.
Worth comparing.
EB-1A
Extraordinary ability with sustained acclaim. You petition for yourself; no job offer needed.
Self-petition · Permanent
O-1A
Extraordinary ability in science, business, or technology. No lottery, no annual cap.
Employer or agent · Up to 3 years, renewable
EB-2 / EB-3
The classic employer-sponsored route, through PERM labor certification.
Employer · Permanent
Tell us about
your case.
Share where you are today and where you want to go. We'll help you understand the immigration path and the work surrounding it.