Chapter 3: EB2 NIW - USA

National Interest Waiver for exceptional professionals and entrepreneurs

What is the EB2 NIW?

The EB2 National Interest Waiver (NIW) is a unique employment-based green card category that allows qualified foreign nationals to self-petition for permanent residence without needing a specific job offer or labor certification. This pathway is ideal for professionals with advanced degrees or exceptional abilities whose work benefits the United States.

The NIW waives the typical requirement for PERM labor certification, giving you more freedom and control over your immigration journey. It's particularly attractive for entrepreneurs, researchers, healthcare professionals, and individuals in STEM fields.

Key Advantages of EB2 NIW

Self-Petition

No employer sponsorship required - you petition for yourself

No Labor Certification

Skip the lengthy PERM process entirely

Faster Processing

Potentially quicker path to green card (12-18 months)

Job Flexibility

Work for any employer or start your own business

Eligibility Criteria

1

Advanced Degree OR Exceptional Ability

  • Master's degree or higher (or bachelor's + 5 years progressive experience)
  • OR exceptional ability in sciences, arts, or business
2

Three-Pronged Test

  • Substantial Merit: Your work has substantial merit and national importance
  • Well-Positioned: You're well-positioned to advance your proposed endeavor
  • Beneficial: It would benefit the U.S. to waive labor certification requirements
3

Strong Evidence

Publications, citations, patents, awards, expert letters, business plans demonstrating impact

Ideal Candidates for EB2 NIW

Healthcare Professionals

Doctors, nurses serving underserved areas

Researchers

Scientists with published research

Tech Innovators

Software engineers, AI specialists

Entrepreneurs

Creating jobs and innovation

Professors

Academia with significant contributions

Business Experts

Exceptional ability in business/finance

Application Process

01

Prepare Your Case

Gather evidence of qualifications, achievements, publications, and prepare business plan if applicable

⏱ Timeline: 2-4 months
02

File Form I-140 Petition

Submit self-petition to USCIS with all supporting evidence and recommendation letters

⏱ Timeline: 12-18 months (or 45 days premium)
03

Adjustment of Status or Consular Processing

After I-140 approval, file I-485 (if in US) or attend consular interview (if outside US)

✅ Total: 12-24 months

Tips for a Strong NIW Petition

  • Demonstrate clear national benefit of your work
  • Obtain strong recommendation letters from experts
  • Document all publications, citations, and awards
  • Prepare detailed business plan if entrepreneur
  • Show track record of achievements
  • Work with experienced NIW immigration attorneys

Is EB2 NIW Right for You?

Schedule a consultation to evaluate your eligibility and build a winning NIW petition.