The EB-2 NIW is a second-preference Green Card with a National Interest Waiver of the employer requirement. It's a Green Card for professionals and entrepreneurs whose work benefits the U.S. No employer or sponsor is needed — you can self-petition, even if you work for yourself. It's one of the most flexible options.
Who it's for
The EB-2 NIW suits researchers, engineers, physicians, IT specialists, entrepreneurs, and founders whose work has value to the U.S. — from technology and medicine to the economy and education. It's especially convenient for the self-employed.
Criteria (the Dhanasar test — all 3 prongs)
- Your work has substantial merit and national importance to the U.S.
- You are well positioned to advance that work (education, experience, achievements, a plan)
- On balance, the U.S. benefits from waiving the employer and PERM requirements for you
Required documents
- An advanced degree or evidence of exceptional ability
- A portfolio of achievements, publications, and projects
- Recommendation letters and independent testimony
- A business plan or project description justifying the benefit to the U.S.
How we work
- Free consultation and assessment against the Dhanasar test
- Building a "national interest" strategy around your profile
- Gathering evidence, letters of support, and justification
- Preparing the Form I-140 petition with the NIW
- Filing with USCIS (with premium processing if needed)
- Support through to approval and receipt of the Green Card
Timeline and cost
The I-140 usually takes several months; premium processing cuts the USCIS response to 15 days. After that, timing depends on your location and the visa bulletin. Service fees are individual; government fees are paid separately.
FAQ
What is a National Interest Waiver?
It's a USCIS waiver of the standard requirements to have an employer and a labor certification (PERM) — provided your work serves the national interest of the U.S. That's what makes a self-petition possible.
Do I need a university degree?
Generally you need a master's (advanced degree) or its equivalent, or demonstrated exceptional ability in your field.
How does EB-2 NIW differ from EB-1A?
The EB-1A is for those at the very top of their field (a higher bar). The EB-2 NIW is more flexible: what matters is that your work is important to the U.S. and that you can advance it. It's often the more realistic option.
Can I apply while self-employed?
Yes. One advantage of the EB-2 NIW is that you can self-petition even as a freelancer, entrepreneur, or startup founder.
Let's check whether EB-2 NIW fits you
Book a free consultation — we'll assess your work against the national-interest criteria.