EB2-NIW Green Card: National Interest Waiver

The EB2-NIW (National Interest Waiver) green card is a powerful option for individuals with an advanced degree or exceptional ability whose work significantly benefits the United States. Unlike most employment-based categories, EB2-NIW does not require employer sponsorship or PERM labor certification.

This self-petition pathway allows professionals to apply directly for a green card if they can demonstrate that their proposed work is in the national interest. Common fields include scientific research, public health, education, technology, energy, and more.

To qualify, the applicant must meet the EB2 base criteria (advanced degree or exceptional ability) and satisfy the national interest waiver test, as clarified in the 2016 Dhanasar decision:

1. The proposed endeavor has substantial merit and national importance.
2. The applicant is well-positioned to advance the endeavor.
3. It would be beneficial to waive the labor certification and job offer requirement.

Examples of successful NIW cases include researchers with impactful publications, physicians working in underserved areas, engineers solving infrastructure issues, and entrepreneurs building innovative startups.

Applicants submit Form I-140 to USCIS with a detailed petition letter, CV, publications, reference letters, and documentation of national impact. No job offer is required, and applicants may concurrently file Form I-485 if the priority date is current.

EB2-NIW is highly attractive for international students, postdocs, and professionals who contribute to U.S. innovation, especially those without employer sponsorship. Strong documentation and strategic narrative are essential to success.

While not subject to PERM, EB2-NIW cases undergo strict review. A well-prepared petition should clearly explain the real-world benefit of the applicant’s work to the U.S. economy, healthcare, culture, or security.