Overview
The EB-2 category targets foreign professionals possessing advanced academic degrees or individuals with exceptional ability in the sciences, business, or arts. While standard EB-2 filings require an employer sponsor and PERM certification, applicants whose work carries broad national significance can request a National Interest Waiver (NIW) to bypass corporate sponsorship and PERM labor recruitment.
Requirements
Standard EB-2 — degree and certification
Standard EB-2 applicants must possess a U.S. advanced degree (Master’s degree or higher, or a Bachelor’s degree followed by five years of progressive post-baccalaureate experience) and an approved employer PERM labor certification.
NIW — substantial merit and national importance
Under the National Interest Waiver pathway (Matter of Dhanasar framework), the proposed endeavor must have substantial merit and national importance.
NIW — well positioned to advance the endeavor
The applicant must be well-positioned to advance the proposed endeavor.
NIW — on balance, beneficial to the U.S.
On balance, waiving the standard job offer and PERM requirement must be beneficial to the United States.
Key benefits
- National Interest Waiver permits self-petitioning without needing a corporate sponsor or PERM certification.
- Highly effective route for STEM researchers, healthcare professionals, tech founders, and green-energy innovators.
- Faster filing timeline to Form I-140 by eliminating Department of Labor recruitment delays under the NIW route.
- Dependent spouses and unmarried children under 21 receive derivative Green Cards.