EB-2 National Interest
Waiver (NIW)

A Green Card pathway for advanced degree professionals and exceptional individuals whose work serves the national interest of the United States — no employer sponsor, no labour certification.

A Green Card Through
the Public Good

The EB-2 NIW allows the US government to waive the normal job offer and labour certification requirements when an individual's work is deemed to be in the national interest of the United States.

  • Self-petition, no employer required

    File your I-140 petition directly with USCIS. No employer sponsor or job offer is needed.

  • No labour certification (PERM)

    The national interest waiver eliminates the PERM requirement entirely.

  • Particularly strong for STEM fields

    Researchers, scientists, and engineers are among the best-suited applicants.

  • Advanced degree or exceptional ability

    Qualify with a master's degree or its equivalent demonstrated through experience.

Quick Facts

Visa CategoryEB-2 (Employment-Based 2nd Pref.)
Self-PetitionYes
Labour CertificationWaived
Education Req.Advanced degree or equivalent
Priority DatesSubject to Visa Bulletin
Legal FrameworkMatter of Dhanasar (2016)
Best Suited ForSTEM, healthcare, policy, education
Approval Rate (Veripass)94%
The Dhanasar Framework

Three Prongs You Must Satisfy

Unlike O-1A and EB-1A which use a criteria-based approach, EB-2 NIW uses a three-prong test established by the AAO in Matter of Dhanasar.

Substantial Merit & National Importance

The proposed endeavour must have both intrinsic merit (valuable in its own right) and be of national importance — meaning its impact extends beyond your immediate employer or local community. STEM research, public health, infrastructure, and education often satisfy this prong naturally.

Well-Positioned to Advance the Endeavour

You must show that you specifically are well-positioned to advance the work — through your education, skills, knowledge, record of success, plans, and any commitments from relevant stakeholders. This is where your achievements and track record are presented.

On Balance, Waiver Benefits the United States

USCIS weighs whether the national benefit of your work justifies foregoing the normal labour certification process. Unique skills, urgency of the field, or a compelling benefit-cost argument are key here. Unlike Prong 1 and 2, this is explicitly a balancing test.

Ideal Profiles

Who typically qualifies for
an EB-2 NIW?

These backgrounds consistently produce strong NIW petitions — but any field with demonstrated national importance can qualify.

STEM Researchers & PhD Scientists
Physicians & Healthcare Professionals
AI, Cybersecurity & Critical Infrastructure Engineers
Climate & Environmental Scientists
Academics & University Faculty
Public Health & Policy Professionals
Biotech & Pharmaceutical Researchers
National Security & Defence Specialists
Life in the US

Iconic Places to Explore
in the United States

From the vibrant energy of Times Square to the timeless grandeur of the Grand Canyon, life in the United States means access to some of the world's most legendary landmarks — and a country where ambition has no ceiling.

Statue of Liberty
Grand Canyon
Golden Gate Bridge
Times Square, New York
The White House
Lincoln Memorial
FAQ

EB-2 NIW Frequently Asked Questions

Do I need a PhD to qualify for EB-2 NIW?

No. You can qualify either as an advanced degree professional (Master's or higher, or a Bachelor's plus 5 years' progressive experience) or as a person with exceptional ability (demonstrated through salary, achievements, professional memberships, etc.). A PhD is not required.

How is the EB-2 NIW different from the EB-1A?

The EB-1A requires a higher standard of "extraordinary ability" — you must be among the very top of your field globally. The EB-2 NIW has a lower evidentiary bar but requires demonstrating national interest. The EB-2 category also has longer priority date backlogs for some nationalities (notably India and China).

My country has long EB-2 backlogs. Should I still apply?

Often, yes — filing early establishes your priority date while you may still be building your career. Many clients file the I-140 early and wait for a priority date to become current. Veripass strategists can advise on timing for your specific nationality.

Can I work for any employer after the EB-2 NIW is approved?

Yes. Unlike employer-sponsored green cards, once you have a Green Card via NIW, you are free to work for any employer in any US state — or be self-employed. The only constraint is that you generally should continue working in your stated area of national interest.

Does Your Work Serve the National Interest?

Our attorneys specialise in turning strong research careers into approved NIW petitions. Get a free evaluation today.