EB-2 NIW

The EB-2 National Interest Waiver (NIW) is one of the most flexible paths to a US green card. Normally, EB-2 requires an employer sponsor and a lengthy PERM labor certification. But with the NIW, you can self-petition, no employer needed, no job offer required.

To qualify, you must have an advanced degree (master's or higher, or a bachelor's + 5 years of progressive experience) OR demonstrate exceptional ability in your field. Then you need to show that your proposed endeavor has substantial merit and national importance, that you're well-positioned to advance it, and that it would benefit the US to waive the job offer requirement.

Since the landmark Matter of Dhanasar decision in 2016, USCIS has applied a more flexible, three-prong test that has opened the NIW to a much wider range of applicants, including startup founders building technology companies, researchers advancing scientific knowledge, and professionals working in areas of national priority like AI, clean energy, and healthcare.

The EB-2 NIW is ideal if you have an advanced degree and work that impacts the US at a broader level than just one company or employer. Startup founders building products that create jobs, advance technology, or address critical needs are strong candidates. So are researchers, engineers, doctors, and scientists.

It's an especially attractive option if you don't qualify for EB-1A (yet) or want a backup strategy. Many applicants file EB-1A and EB-2 NIW simultaneously to maximise their chances. The NIW also works well for people who are self-employed or between jobs, since there's no employer requirement.