Self-Petitioning
You do not need a job offer from an American employer but a detailed business plan describing your future work in the U.S.
EB-2 visas are designated for people with advanced degrees (Master, Ph.D., etc.) or those with exceptional ability in their fields. For an EB-2 green card, you generally need a job offer from an American employer. Your employer must establish that there are no qualified U.S. workers for the offered role and obtain a PERM labor certification.
NIW stands for “National Interest Waiver” – the government will waive the job offer and PERM labor certification requirement if your “proposed endeavor” benefits the U.S. national economy. That means you can self-petition (file the petition independently) and obtain work-based U.S. lawful permanent residence without a sponsor and labor certification.
Typically, the work of individuals seeking National Interest Waivers has significant importance or impact on scientific research, healthcare, entrepreneurship, and other fields of the U.S. economy.
Possess an advanced degree or exceptional ability: You must have at least a master’s degree or equivalent in your field of expertise (or bachelor’s degree and 5 years of “progressive” work experience) or demonstrate exceptional ability in your profession.
Show that their work is in the national interest: You must demonstrate that your work has substantial intrinsic merit and national importance.
Serve the national interest to a greater extent than the labor certification process: You must show that it is in the national interest to waive the job offer and labor certification requirement and that the United States would benefit from your contributions.
Immigration laws and regulations are subject to change, so it’s essential to consult with an experienced immigration attorney for the most up-to-date information and requirements related to the EB2 NIW.
EB2 National Interest Waiver provides multiple advantages for highly skilled professionals seeking U.S. permanent residency.
You do not need a job offer from an American employer but a detailed business plan describing your future work in the U.S.
You do not need to go through the costly and time-consuming process of proving that no qualified U.S. workers are available.
The EB2 NIW may generally have speedier processing times than other employment-based green card categories. With premium processing, you will receive a response in 45 calendar days.
You are not tied to a specific employer or position – you can change jobs or work for yourself. Important! You have to be working in your area of expertise.
You can track your place in the visa queue.
Once the applicant obtains a green card through the EB2 NIW, their spouse and unmarried children under 21 may also get green cards.
The EB2 NIW allows you to obtain permanent residency in the United States and eventually apply for U.S. citizenship.
Step-by-step guide to understand the EB2 National Interest Waiver application process.
Ensure that you meet the eligibility criteria for the EB2 NIW category. You must have an advanced university degree in your field or equivalent education and work experience, or exceptional abilities, and demonstrate that your work is of national interest to the United States.
Gather CV, degrees, recommendation letters, proof of achievements, and national interest evidence.
Complete Form I-140, Immigrant Petition for Alien Worker, and mail it with the supporting documents to the appropriate USCIS address. Consider using the optional premium processing service for Form I-140 for faster processing.
After submitting your petition, you will need to wait for USCIS to review it and make a decision. USCIS may request additional evidence – your attorney will help you prepare the response and timely file it.
Once your Form I-140 is approved, you may need to wait for an immigrant visa number to become available if there is a visa backlog for your country or category.
If your priority date (the date USCIS receives your Form I-140) is current and a visa number is available, you can proceed with the final steps of the green card process, including either adjustment of status (for those inside the U.S.) or consular processing for an immigrant visa (interview at a U.S. consulate).
Understanding the timeline and key stages of the EB2 NIW green card process.
Usually takes around 6 weeks to prepare a strong EB2 NIW petition with supporting evidence.
Normally 4 to 24 months depending on USCIS workload. Premium processing reduces it to 45 days.
Your priority date determines your queue position. You can proceed only when it becomes current.
Delays may occur if demand is higher than available visa numbers depending on your country.
Final stage can take several months depending on USCIS or U.S. embassy processing time.
Overall process can take 1 year or more, but premium processing can significantly reduce USCIS time.
