EB-2 National Interest Waiver

An EB-2 National Interest Waiver (NIW) is an employment-based green card petition for individuals who hold an advanced degree in their field or have exceptional ability in the sciences, arts, or business and whose work and skills are of national interest to the United States.

Various professionals may qualify for an EB-2 NIW. We have successfully filed EB-2 NIW petitions for scientists, entrepreneurs, management consultants, engineers, and even food scientists.
To prepare a strong petition, applicants should either have an advanced degree in their field (master's degree or higher) OR meet at least three of the following criteria:

• A degree, diploma, certificate or similar award from a university or school related to your profession
• At least 10 years of full-time professional experience in your field of specialization
• A license to practice your profession
• A high salary compared to other professionals in your field
• Significant recognition by peers in your industry for your achievements or contributions to your field.
  Applicants must also provide a clear plan for their proposed work in the United States. You are not required to have a firm job offer or a U.S. employer, but you must provide specific details about your planned activity, how it will be implemented, and the national benefit to the United States.

EB-2 NIW petitions are popular because they are one of the two types of employment-based green card applications that do NOT require an employer as a sponsor. Applicants can therefore "sponsor" themselves and do not need a U.S. job offer or an employer to support the process. With a regular EB-2 petition, a U.S. employer must act as a case petitioner and obtain a permanent labor certification from the U.S. Department of Labor before an I-140 petition can be filed, which takes a lot of time.
With an EB-2 NIW, applicants can skip the typical green card process - known as PERM - which requires labor market verification for the proposed employment. Skipping this time-consuming and costly step (also known as the labor certification process) can save time and money.

EB-2 NIW applications have high evidentiary requirements, and the application process can require a significant collection of documents.
In addition, there is currently a backlog for EB-2 NIWs, which means that even after an I-140 application is approved, there may be a long wait before applicants can apply for green cards themselves.

Yes, it is possible to self-file the EB-2 NIW without an employer sponsor. However, these cases are complex, and we strongly recommend hiring a qualified immigration attorney to handle the process. Part of the application is the preparation of a detailed legal memorandum describing your qualifications and skills and arguing that you qualify for a National Interest Waiver.
Feel free to contact us to schedule a consultation regarding your EB-2 NIW application.

No, an applicant can self-petition for an EB-2 NIW, an employer sponsor is not required.

As of November 2024, it takes approximately 9.5 to 11.5 months for the USCIS to adjudicate your EB-2 NIW application with regular processing. Premium Processing is also available for an additional USCIS fee of $2,805 if you want your application to be processed within 45 business days. A decision means either an approval, denial or a request for additional evidence.

Yes, Premium Processing is now available for an additional USCIS fee of $2,805 and will shorten the processing time of your EB-2 NIW I-140 application to 45 business days.

Yes, your spouse and unmarried children under the age of 21 can be part of your EB-2 NIW application as dependents. This means that they can also apply for green cards as part of your application.

The USCIS fees for the first step of the process - the I-140 application - are $715 and $300. Applicants can also pay an additional, optional Premium Processing fee of $2,805 to have their application processed within 45 business days of filing.

Due to the increased popularity of EB-2 NIWs in 2023, the approval rate has decreased slightly. In 2023, the USCIS approved 79% of all EB-2 NIWs filed worldwide. This is a decrease from an approval rate of 86% in 2022, but an increase from the approval rate of 66% in 2021. The overview of the approval rates for the last six years can be found in the table below.