EB2 NIW Visa: Self-Petition Green Card for Talented Professionals
What is the EB2 NIW Visa?
The EB2 NIW visa (National Interest Waiver) is part of the second preference employment-based visa category. It allows professionals with an advanced degree or exceptional ability in the sciences, arts, or business to self-petition for a green card—without the need for an employer sponsor or labor certification.
This process is ideal for individuals whose work significantly benefits the U.S., making it in the national interest to waive standard job offer requirements.
Benefits of the EB2 NIW Visa
- No need for a U.S. employer to sponsor you
- No PERM labor certification required
- You can file the petition yourself
- It’s open to professionals in a wide range of fields: science, medicine, engineering, entrepreneurship, etc.
Eligibility Criteria for EB2 NIW
To qualify, you must meet one of the following:
- Hold an advanced degree (Master’s or higher), or a Bachelor’s degree with 5+ years of progressive work experience
- Show exceptional ability significantly above what is normally seen in your field
Foreign equivalent degrees are acceptable.
The Three-Prong Test: Matter of Dhanasar
To succeed with your national interest waiver green card, you must meet these three conditions:
- Your proposed endeavor has substantial merit and national importance
- You are well-positioned to advance the endeavor
- On balance, it would benefit the U.S. to waive the labor certification and job offer
Examples of EB2 NIW Cases
- A researcher working on climate change technology
- A doctor introducing new treatments for public health
- An engineer improving infrastructure safety
- An entrepreneur proposing job-creating innovations
EB2 NIW Application Process
Applying for an EB2 NIW visa involves multiple steps and documents:
- Academic degrees and certifications
- Evidence of exceptional ability (awards, memberships, salary benchmarks)
- Letters of recommendation
- Proposed endeavor plan
- Civil documents (translated if needed)
Your immigration attorney will structure the case and present compelling evidence to USCIS.
Proving Exceptional Ability
You must meet at least 3 of these 6 criteria:
- A degree in your field
- At least 10 years of experience
- A valid license or certification
- Evidence of a high salary
- Membership in professional associations
- Awards or recognition in your field
The EB2 National Interest Waiver, commonly known as EB2 NIW, is an employment-based visa that allows you to self-petition for a green card without an employer. It is for individuals who have advanced degrees and exceptional ability in the sciences, arts, or business.
When you submit an EB2 with a National Interest Waiver you are asking the government to waive the Labor Certification process. The national interest waiver shows that it is in the national interest of the United States to give you a green card.
An Advanced Degree is a Master’s Degree or higher. You can also qualify for an EB2 Advanced Degree with a Bachelor’s Degree plus 5-years of progressive experience after obtaining your degree and diploma. A foreign equivalent degree is also acceptable.
The biggest difference between the EB2 NIW and the EB2 Exceptional Ability category is the Labor Certification. Labor Certification requires an employer to test the job market and sponsor you for a green card. When you ask for a national interest waiver, you are telling the government that you do not need a job offer and Labor Certification. A National Interest Waiver does away with this requirement and allows you to sponsor yourself.
In 2016, the United States Citizenship and Immigration Services (USCIS) Administrative Appeals Office issued guidance on the requirements for a national interest waiver. To get a National Interest Waiver, you are required to meet the following three prong test from the 2016 case called Matter of Dhanasar. The three-prong test is as follows:
- You must prove that what you plan to do in the United States (your proposed endeavor) has substantial merit and national importance
- You are well-positioned to advance your proposed endeavor, and
- On balance, it would be beneficial to waive the job offer requirement and Labor Certification requirements.
Why Hire an EB2 NIW Immigration Attorney?
This process involves not only demonstrating that your work has national importance but also providing an in-depth explanation of its substantial merit. Given the complexities of these requirements, working with an experienced immigration lawyer greatly increases the chances of a successful outcome.
Their expertise ensures that all necessary documentation is gathered, the criteria are met, and the petition is presented in the strongest possible light. Having a legal professional guide you through this intricate process can provide peace of mind and significantly improve the likelihood of a favorable result.