Elementa Law

Catalog · Green Cards & Immigration

EB-2 NIW National Interest Waiver

Second-preference petition with a national interest waiver, no employer sponsorship required.

About this visa

The EB-2 National Interest Waiver lets an eligible professional request a waiver of the job-offer and labor-certification requirements. The applicant must first qualify for EB-2 through an advanced degree or exceptional ability, then independently satisfy the national-interest waiver standard.

The petition must establish that the proposed endeavor has substantial merit and national importance, that the applicant is well positioned to advance it, and that granting the waiver would benefit the United States on balance. This route suits researchers, professionals and entrepreneurs whose specific proposed work can meet those requirements; working in an important industry alone is not enough.

What's included

  • ◆Attorney review of underlying EB-2 eligibility.
  • ◆Assessment and definition of the proposed endeavor.
  • ◆Evidence plan addressing the three waiver requirements.
  • ◆Guidance on independent support, progress and future plans.
  • ◆Legal argument and immigrant petition preparation.
  • ◆USCIS submission and receipt tracking.

The path

1 · Define
Confirm EB-2 eligibility and define the proposed endeavor.
2 · Build
Build evidence addressing national importance, readiness and the balance supporting a waiver.
3 · File & track
File the immigrant petition and track notices while identifying the later residence stage.

Timing and features

Self-petitioning is permitted and PERM is waived if the NIW is granted; immigrant visa availability still affects permanent-residence timing.