EB-2 NIW: who qualifies, how it works and how long it takes
The EB-2 National Interest Waiver (NIW) lets you petition for a green card yourself, without an employer and without PERM. You need an advanced degree or exceptional ability, and you must show your work has national importance, that you are well positioned to advance it, and that waiving the job offer benefits the United States.
Who qualifies
- An advanced degree (a US master's or higher, or a bachelor's plus five years of progressive experience), or exceptional ability in the sciences, arts or business.
- Work that meets the three-part test from Matter of Dhanasar: substantial merit and national importance; you are well positioned to advance it; on balance, it benefits the US to waive the job offer and labor certification.
How it works
You file Form I-140 with evidence such as publications, citations, letters from experts, and plans for your work. Because there is no PERM, the DOL queues don't apply. After approval you wait for your priority date like any EB-2 applicant.
I-140 processing times
| Category | Median time | Pending |
|---|---|---|
| Immigrant Petition for Alien Workers | 3.9 months | 203,204 |
Do I need an employer for EB-2 NIW?
No. NIW is a self-petition. An employer can file it for you, but it isn't required.
Is premium processing available for NIW?
Yes. USCIS offers premium processing for NIW I-140 petitions, with a longer timeframe than for other I-140s. Check the USCIS premium processing page for the current fee and timeframe.
USCIS: EB-2; Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).
This page explains public information and is not legal advice.