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The National Interest Waiver (NIW) is a subcategory of the EB2 employment-based green card. It allows applicants to self-petition for a green card without needing a job offer or labor certification if they can demonstrate their work is in the U.S. national interest.
I want to specifically highlight the word self-petition here, self-petition means that applicants can apply for the EB2 NIW green card themselves, without needing a U.S. employer or job offer. Unlike regular EB2 petitions, which require an employer to sponsor the applicant and go through the PERM labor certification process.
No Employer Sponsorship Required – You do not need a job offer or an employer to file Form I-140 on your behalf.
No Labor Certification (PERM) Needed – You can bypass the long and complex PERM labor certification process.
Flexibility – You are not tied to a specific employer and can work in different roles related to your proposed endeavor.
Self-Employment & Entrepreneurship Allowed – You can apply as an entrepreneur, researcher, or independent professional.
Since you are the petitioner, you will file Form I-140 under the EB2 NIW category, submit supporting evidence to prove your eligibility, and file Form I-485 (Adjustment of Status) when your priority date is current.
EB2 NIW Priority Date
Who can self-petition?
Researchers, scientists, engineers, doctors, IT professionals, and entrepreneurs whose work benefits the U.S.
Professionals with an advanced degree (master’s or PhD) or exceptional ability in their field.
Individuals whose work has substantial merit and national importance (e.g., solving public health issues, advancing technology, contributing to U.S. competitiveness).
Step1: Eligibility for EB2 NIW Green Card
To qualify for the NIW Green Card, you must meet the EB2 category requirements and satisfy the National Interest Waiver criteria:
A. EB2 Requirements
You must qualify under one of these two categories:
Advanced Degree: Master's degree or higher (or a bachelor's degree plus 5 years of progressive work experience).
Exceptional Ability: You must show expertise significantly above what is normally encountered in your field using at least 3 of these:
Degree, diploma, or certificate in the field.
10+ years of full-time experience.
Professional license/certification.
High salary or remuneration compared to others in the field.
Membership in professional associations.
Recognition for achievements and contributions.
B. National Interest Waiver (NIW) Criteria
You must meet the following three prongs:
Substantial Merit and National Importance
Your work has significant value in business, science, technology, education, culture, or health.
Your work benefits the U.S. economy, research, education, or national security.
Well-Positioned to Advance the Proposed Endeavor
You have a strong track record of past achievements.
You have relevant education, experience, and a well-documented plan to continue your work.
You have letters of recommendation from experts supporting your qualifications.
Beneficial to Waive the Job Offer & Labor Certification
The U.S. would benefit from your contributions without requiring labor certification.
Your work is important enough that the national interest justifies skipping the normal sponsorship process.
Step 2: Apply Form I-140
To start the green card process, file Form I-140 (Immigrant Petition for Alien Worker) with USCIS.
Required Documents
Form I-140.
Petition Letter (explaining how you meet the EB2 NIW criteria).
Proof of Advanced Degree or Exceptional Ability (diplomas, transcripts, employment letters).
Recommendation Letters (5-7 letters from experts in your field supporting your work's national importance).
Evidence of Achievements (publications, patents, media coverage, conference presentations).
Personal Statement (explaining your proposed endeavor and future impact in the U.S.).
Resume/CV (showing experience and qualifications).
Supporting Documents (job offers, contracts, grant funding, awards, or media recognition).
Filing Fees
I-140 Filing Fee: $700 (refer to the USCIS website for the latest fee)
Premium Processing (Optional): $2,805 (as of 2024) – speeds up the process to 45 days but does not guarantee approval.
After filing Form I-140, the processing time typically ranges from 3 to 18 months. During this period, USCIS may issue a Request for Evidence (RFE) if additional documentation is required to support your petition.
Once the I-140 is approved, you can check the Visa Bulletin here to determine if your priority date is current and proceed with the next steps accordingly.
Step 3: Apply for Adjustment of Status (I-485) or Consular Processing
If your priority date is current, you can proceed with either:
A. Adjustment of Status (Form I-485) – If You Are in the U.S.
If you are legally in the U.S. (e.g., on H-1B, F-1, or O-1 visa), you can apply for a green card without leaving:
File Form I-485 (Application to Register Permanent Residence or Adjust Status). Filing Fee is $1,140 (plus $85 biometrics for applicants under 79). Processing Time is approximately 6-24 months.
Medical Exam (Form I-693) from a USCIS-authorized doctor.
Submit I-765 (EAD) and I-131 (Advance Parole) (Optional) for work and travel authorization while waiting.
Attend Biometrics Appointment (USCIS collects fingerprints and a photo).
USCIS Interview (may be required in some cases).
Wait for Green Card Approval – Once approved, you receive your green card in the mail.
B. Consular Processing – If You Are Outside the U.S.
If you are abroad, you must apply through a U.S. consulate:
File DS-260 (Online Immigrant Visa Application) through the National Visa Center (NVC).
Attend Consular Interview (bring supporting documents).
Receive Visa Approval – Once the visa is issued, enter the U.S. and receive the green card by mail.
Once your application is approved, you will receive a green card valid for 10 years. After maintaining permanent resident status for five years, you become eligible to apply for U.S. citizenship.
EB2 NIW Processing Time
Assuming your priority date is current throughout the process, then it will take approximately 1-3 years. If you already have the case number, use the processing time calculator to get your estimated dates.
The EB2 NIW category is ideal for professionals, researchers, entrepreneurs, and STEM experts who can demonstrate their work benefits the U.S. Applying requires strong documentation, but self-petitioning makes it flexible compared to employer-sponsored green cards.
To calculate how much time it will take for you to get the green card under the EB2 NIW category, use the green card calculator. Each case is different and processing time may vary.
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