EB‑2 NIW (National Interest Waiver)

About

The EB-2 NIW is an employment-based immigrant visa that gives a direct path to a U.S. green card. It is part of the EB-2 category, which normally requires a U.S. employer to sponsor you. But with the National Interest Waiver (NIW), you can skip the employer requirement if you can prove that your work is in the national interest of the United States.

This makes the EB-2 NIW popular with scientists, researchers, doctors, entrepreneurs, and professionals whose contributions benefit the U.S. as a whole. It is one of the few green card options where you can self-petition, meaning you don’t need a job offer or labor certification.

Who can apply

To qualify, you generally must:

  • Fit the EB-2 category:

    • Advanced degree (master’s or higher), OR
    • Exceptional ability in sciences, arts, or business.

  • Show that your proposed work in the U.S. has substantial merit and national importance (for example, medical research, clean energy projects, or innovative technologies).

  • Prove that you are well positioned to advance your work (evidence of past achievements, publications, patents, or successful projects).

  • Demonstrate that waiving the job offer and labor certification will benefit the U.S. more than if you had to go through the normal process.

There is no minimum investment or salary requirement — the focus is on your qualifications and the importance of your work.

Benefits

  • Self-petition: No employer or job offer required.

  • Direct green card path: Permanent residency without first needing a temporary visa.

  • Flexibility: You can change jobs, start a company, or pursue projects freely since you are not tied to an employer.

  • Family included: Spouses and children under 21 can also get green cards.

  • Dual intent: You can apply for this while on another visa (like F-1 or H-1B).

 

Real-Life Examples

  • Dr. Chen, a researcher from China, develops new methods in cancer treatment. Because her work has national importance in U.S. healthcare and she is well recognized, she qualifies for an EB-2 NIW without an employer.

  • Carlos, an environmental engineer from Mexico, proposes a clean water project for rural U.S. communities. His plan shows broad benefits for public health and infrastructure, and he successfully applies for EB-2 NIW.

  • Amira, an entrepreneur from Egypt, launches a technology startup in renewable energy. She demonstrates her company’s potential to contribute to U.S. innovation and secures her green card through the NIW.

Frequently Asked Questions

Do I need a job offer for the EB-2 NIW?
No. That’s the main advantage of the National Interest Waiver — you can apply without an employer.
What’s the difference between EB-2 and EB-2 NIW?
Normal EB-2 requires a U.S. employer and labor certification. The NIW removes those steps if you can show your work benefits the U.S. nationally.
How long does it take?
Processing can vary. Some applicants also use premium processing (for the I-140 petition) to speed up the first step. After approval, the green card timeline depends on your country of birth and visa availability.
What kind of evidence is needed?
Proof of education, publications, patents, recommendation letters, records of your achievements, and a clear plan showing the importance of your work.
Can my family join me?
Yes. Your spouse and unmarried children under 21 can apply as dependents for permanent residency.