A green card based on your expertise
The EB-2 NIW, or National Interest Waiver, is a green card option for professionals with advanced degrees and people with exceptional ability whose work benefits the United States. The broader EB-2 category offers US permanent residence to advanced-degree professionals and people with exceptional ability in the sciences, arts or business. In most EB-2 cases, a US employer must sponsor you and first complete a lengthy labor certification process (PERM) to show that no qualified US worker is available for the job.
The National Interest Waiver (NIW) removes both of those requirements. If your work benefits the United States, you can petition for a green card yourself, without a job offer or employer sponsor. That makes the EB-2 NIW one of the most flexible green card options for entrepreneurs, founders, researchers, engineers, physicians and other professionals who want to control their own immigration path.
Who qualifies for EB-2?
Before you can request a waiver, you must first qualify for the EB-2 category in one of two ways.
Advanced degree. You hold a US master’s degree or higher, or a foreign equivalent. A bachelor’s degree followed by at least five years of progressive, post-degree experience in your field is also treated as an advanced degree.
Exceptional ability. You have expertise significantly above that ordinarily found in your field. You show this by meeting at least three of these criteria:
- A degree, diploma or certificate from a college or university related to your field
- At least ten years of full-time experience in your occupation
- A license or certification to practice your profession
- A salary or other pay that shows exceptional ability
- Membership in professional associations
- Recognition for achievements and significant contributions from peers, government bodies, or professional or business organizations
The National Interest Waiver test
Once you qualify for EB-2, USCIS applies a three-part test to decide whether to grant the waiver:
- Substantial merit and national importance. Your proposed work must have value and broad importance, for example in business, entrepreneurship, technology, science, health, education, infrastructure or culture. Work that creates jobs, drives innovation or addresses national challenges can meet this standard.
- Well positioned to advance the work. You must show you are likely to succeed, based on your education, experience, track record, plans, progress so far, and interest from investors, customers, partners or government agencies.
- On balance, a waiver benefits the United States. You must show it would help the US to waive the job offer and labor certification. Examples include urgency, the value of your contributions, or the fact that your work, such as founding a company, does not fit a single employer.
NIW for entrepreneurs and founders
USCIS guidance recognizes that entrepreneurs can qualify for a National Interest Waiver. If you are building a company in the US, your evidence may include a detailed business plan, funding from investors or grants, revenue and growth, contracts and customers, intellectual property, and letters from industry experts. Founders in technology, healthcare, clean energy and other high-impact fields often make strong NIW candidates.
Evidence that builds a strong NIW case
- A clear, detailed statement of your proposed work in the United States
- Expert recommendation letters from independent leaders in your field
- Publications, citations, patents or other original contributions
- Awards, media coverage and professional recognition
- Business plans, funding records, contracts or letters of interest
- Proof of your degrees, licenses and work history
We build each petition around a legal argument that connects your evidence to every part of the test.
The EB-2 NIW process
- Case assessment. We review your background and proposed work and give you a candid view of the strength of your case.
- Evidence and expert letters. We help you gather evidence and draft strong recommendation letters.
- Form I-140 petition. We prepare and file your self-petition with USCIS. Premium processing is available for a faster decision on the petition.
- Green card application. When a visa number is available for your country of birth, you apply for a green card through adjustment of status if you are in the US, or consular processing abroad.
- Green card approval. Your spouse and unmarried children under 21 receive green cards as your dependents.
Waiting times and your country of birth
EB-2 green cards are subject to annual limits by country. Applicants born in countries with high demand, such as India and China, may wait several years for a visa number after the I-140 is approved. Your approved petition locks in your place in line (your “priority date”), and many applicants keep working in the US in another status, such as H-1B, while they wait. We help you plan around these timelines.
Frequently asked questions
Do I need a job offer? No. With a National Interest Waiver, you petition for yourself without a US employer.
Can I apply from outside the US? Yes. Many NIW applicants live abroad and complete the process through a US consulate.
Is EB-2 NIW better than EB-1? It depends on your record. EB-1 has a higher bar but may have shorter waits. Some applicants file both.
What if my NIW is denied? Depending on the reasons, it may be possible to refile with stronger evidence or pursue another category.
Talk to an EB-2 NIW attorney
A successful National Interest Waiver depends on how your work and evidence are presented. Book a Zoom consultation to assess your profile and plan your strongest case.
This page is general information, not legal advice. Requirements and processing times change; confirm current requirements with an attorney.