EB-2 National Interest Waiver (NIW)

Helping Professionals and Entrepreneurs Obtain U.S. Green Cards Without Employer Sponsorship

The EB-2 National Interest Waiver (NIW) is a green card pathway for individuals with advanced degrees or exceptional abilities whose work significantly benefits the United States. Unlike most employment-based green cards, the NIW waives the requirement for a job offer and labor certification, allowing applicants to self-petition.

Gagliano Law, PLLC, assists professionals, researchers, entrepreneurs, and skilled individuals in securing EB-2 NIW green cards, ensuring compliance with federal immigration laws and helping applicants present strong petitions.

What Is the EB-2 NIW Visa?

The EB-2 visa is an employment-based green card for individuals who:

• Hold an advanced degree (master’s, PhD, or equivalent) or a bachelor’s degree plus five years of experience
• Have exceptional ability in their field, meaning they are significantly more skilled than the average professional

What Is the National Interest Waiver (NIW)?

The National Interest Waiver (NIW) allows applicants to bypass the job offer and labor certification process if their work benefits the U.S. The waiver is granted to individuals whose contributions have a substantial national impact.

EB-2 NIW Eligibility Criteria

To qualify, applicants must meet either the advanced degree or exceptional ability requirement and prove that their work meets the three-prong test established by USCIS in the Matter of Dhanasar case:

1. Substantial Merit and National Importance

The applicant’s work must have significant value to the U.S. economy, healthcare, education, technology, or other key sectors.

• Example: A medical researcher developing treatments for diseases, a renewable energy engineer, or a STEM entrepreneur introducing innovative solutions.

2. Well-Positioned to Advance the Work

The applicant must demonstrate that they have the skills, experience, education, and a plan to continue their work successfully in the U.S.

• Example: Published research, leadership roles, industry recognition, or a detailed business plan.

3. Beneficial to the U.S. to Waive the Job Offer Requirement

The applicant must prove that obtaining a labor certification (job sponsorship) would hinder their ability to contribute to the U.S.

• Example: A global expert in artificial intelligence who wants to start a company in the U.S. without employer sponsorship.

EB-2 NIW Application Process

1. File Form I-140 (Immigrant Petition for Alien Worker)

The applicant self-petitions by filing Form I-140 with evidence of qualifications, achievements, and national interest contributions.

2. Wait for Visa Availability (If Required)

Some countries (such as India and China) have wait times due to visa backlogs, while others may proceed immediately.

3. Adjustment of Status (Form I-485) or Consular Processing

• If the applicant is inside the U.S., they file Form I-485 (Adjustment of Status) after I-140 approval.
• If the applicant is outside the U.S., they go through consular processing at a U.S. embassy.

4. Receive Green Card Approval

Once approved, the applicant and their family members (spouse and unmarried children under 21) receive permanent residency (green cards).

EB-2 NIW Benefits

• No employer sponsorship required
• No labor certification process (faster than EB-3 and some EB-2 categories)
• Self-petition option for entrepreneurs, researchers, and independent professionals
• Green card for spouses and children under 21
• Pathway to U.S. citizenship after five years of permanent residency

Processing Time and Premium Processing

• Form I-140 Processing: 6-18 months
• Adjustment of Status (I-485): 8-14 months
• Premium Processing: Available for I-140 petitions, reducing processing time to 45 days

EB-2 NIW vs. Other Employment-Based Green Cards

Transitioning from EB-2 NIW to U.S. Citizenship

After five years of permanent residency, EB-2 NIW holders can apply for U.S. citizenship through naturalization if they meet residency and physical presence requirements.