EB-2 Visa Explained: How to Self-Petition for a U.S. Green Card

What is the EB-2 NIW Visa?
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The EB-2 National Interest Waiver (NIW) is a subcategory of the EB-2 immigrant visa that allows foreign nationals to self-petition for a green card without the need for a job offer or labor certification (PERM). Applicants must prove that their work is in the national interest of the United States, meaning their contributions will substantially benefit the country.

The NIW is a great option for highly skilled professionals, researchers, entrepreneurs, and other individuals who want to work independently in the U.S. without relying on employer sponsorship. 

The Matter of Dhanasar decision (2016) clarified the framework for evaluating NIW petitions, and a 2025 USCIS policy update provides more detailed guidance.

Who Is Eligible to Apply for the EB-2 NIW?

Eligibility Requirements for EB-2 NIW Applicants: To qualify for the EB-2 NIW, applicants must first meet the general EB-2 visa requirements:

1. Advanced Degree: Applicants must hold an advanced degree (Master’s, Ph.D., or medical degree) or its equivalent, or
   
   
2. Exceptional Ability: Demonstrate exceptional ability in science, arts, or business, by meeting at least three of the criteria set by USCIS, including:
   
   
   • Official academic records.
   • Letters documenting at least 10 years of full-time experience.
   • Professional licenses or membership in associations.
   • High salary compared to others in the field.
   • Participation as a judge of others’ work.

In addition to the basic EB-2 qualifications, applicants must also show:

• National Interest: That their work has substantial merit and national importance (e.g., advancing science, technology, healthcare, education, or economic development).
• Well-Positioned to Succeed: That they are well-positioned to advance their proposed endeavor.
• Benefit to the U.S.: That waiving the job offer and labor certification requirements is beneficial to the U.S., as their contributions outweigh the need for labor market testing.

Do I Need a Job Offer or Employer Sponsorship to Apply?

No, one of the most significant benefits of the EB-2 NIW is that you do not need a job offer or employer sponsorship. 

You can self-petition based on your own qualifications and proposed work, offering flexibility for entrepreneurs, independent researchers, and professionals who want to work on their own projects or start businesses in the U.S.

How Long Does the EB-2 NIW Application Process Take?

The processing time for an EB-2 NIW petition can vary depending on the USCIS workload and the complexity of your case. On average, the process typically takes 6 to 12 months, but some cases may extend up to 15 months.

Currently, premium processing is not available for EB-2 NIW petitions. Therefore, applicants must be prepared for the standard processing time.

Pro Tip: The timing can vary based on the service center processing your petition, so it’s important to regularly check for updates from USCIS.

Can I Include My Family in the EB-2 NIW Application?

Yes, your spouse and unmarried children under 21 can be included as derivative beneficiaries in your EB-2 NIW petition. Your family members can apply for green cards and live, work, and study in the U.S. while you pursue your endeavor.

Pro Tip: Make sure to include all necessary documents for your family members, including marriage and birth certificates, to avoid delays.

What Documents Do I Need to Apply for the EB-2 NIW?

When applying for the EB-2 NIW, you will need to submit the following:

1. Evidence of Advanced Degree or Exceptional Ability:
   
   • Degrees, transcripts, certificates, professional licenses.
     
     
2. Letters of Recommendation:
   
   • Expert opinions or recommendation letters attesting to your accomplishments and the significance of your work.
     
     
3. Petition Letter:
   
   • A detailed personal statement explaining your proposed endeavor and its benefits to the U.S. national interest.
     
     
4. Impact Documentation:
   
   • Evidence of your work’s impact, such as publications, patents, awards, media coverage, or contracts.
     
     
5. Proof of Ability:
   
   • Documents showing your ability to advance your proposed endeavor, such as employment history, business plans, and funding sources.
     
     
6. Standard Immigration Forms:
   
   • Along with the required Form I-140 petition, include supporting identification documents, such as a passport copy.

How Do I Demonstrate That My Work Benefits the National Interest?

Under the Matter of Dhanasar framework and USCIS 2025 updates, you must prove:

1. Substantial Merit and National Importance:
   
   • Your proposed endeavor must advance significant fields such as science, technology, healthcare, education, or economic development.
     
     
2. Well-Positioned to Succeed:
   
   • You must demonstrate that you are capable of succeeding in your proposed endeavor, backed by your education, skills, achievements, and resources.
     
     
3. Benefit to the U.S.:
   
   • Waiving the job offer and labor certification requirements would benefit the U.S. because your contributions will advance the country’s interests in a way that outweighs the need to protect the U.S. labor market.

Pro Tip: Use clear, concise, and evidence-backed arguments to show how your contributions will directly benefit the U.S.

Is It Necessary to Have an Immigration Lawyer for EB-2 NIW?

While hiring an immigration lawyer is not mandatory, it is highly recommended. The EB-2 NIW process can be complex, and presenting evidence and legal arguments that meet USCIS standards requires expertise. Immigration attorneys can help:

• Maximize your chances of approval.
• Navigate the nuances of EB-2 NIW eligibility.
• Ensure that the petition is strategically prepared and well-supported.

What Happens After I File My EB-2 NIW Petition?

After you file Form I-140 (Immigrant Petition for Alien Worker) with USCIS:

1. USCIS Review: USCIS will review your petition and evidence. You may receive a Request for Evidence (RFE) if they need additional documentation.
   
   
2. Approval: Upon approval, if you are inside the U.S., you can file Form I-485 (Adjustment of Status) when your priority date is current. If outside the U.S., you will proceed with consular processing for an immigrant visa.

Pro Tip: Monitor the status of your petition to respond quickly to any requests from USCIS.

Can I Work While My EB-2 NIW Petition Is Pending?

If you have a pending Form I-485 (Application to Adjust Status) and have applied for employment authorization (EAD), you may work in the U.S. while awaiting the green card decision. However, the NIW petition itself does not grant work authorization.

What Is the Approval Rate for EB-2 NIW Petitions?

Approval rates for the EB-2 NIW petition vary based on the quality of the submission, but reputable immigration law firms report approval rates between 90-97% for well-prepared petitions. Success heavily depends on the strength of the evidence and legal presentation.

Pro Tip: A carefully prepared and well-documented petition can significantly improve your chances of approval.