VisaAtlas
DestinationsVisasCompareUpdates
Find my route ->
VisaAtlas

A free, independent field guide to moving countries. Every figure links to its official government source.

Not legal advice. Visa Atlas is an encyclopedia, not an adviser. The authoritative source is always the government link on each page. For your specific case, consult a regulated professional.

Explore

All destinationsVisa routesCompare countriesRoutes by profession

Plan

Find my routeProcessing timesGovernment feesSettlement & citizenship

Trust

Editorial standardsOur methodologyCorrectionsUse our data
© 2026 Visa AtlasReviewed continuously. Last sweep: 06 Jun 2026
  1. Home/
  2. Visas/
  3. United States of America/
  4. EB-2 National Interest Waiver (NIW)

🇺🇸 United States of America · skilled migration · Leads to settlement

EB-2 National Interest Waiver (NIW)

By Sam Parks · Last reviewed: 1 June 2026

Second-preference green card with a waiver of the job offer and PERM labor certification, where the beneficiary’s work is in the US national interest.

No sponsorship requiredLeads to permanent residencyPermanent residence.
Processing time
I-140: 6–18 months (premium processing available). Adjustment/consular varies by visa bulletin.
Government fees
I-140 USD 715; I-485 USD 1,440; premium processing USD 2,965.
Typical duration
Permanent residence.
Sponsorship required
No
Leads to permanent residency
Yes
Reviewed 1 June 2026U.S. Citizenship and Immigration Services ↗
OverviewEligibilityPathwayApplySourcesFAQ

Overview

The National Interest Waiver waives the EB-2 job-offer and PERM labor certification requirements where the beneficiary’s proposed endeavour has substantial merit and national importance, and where the beneficiary is well positioned to advance it. Matter of Dhanasar (2016) set the current three-prong test. NIW is self-petitionable and widely used by researchers, STEM professionals, and some founders.

Recent changes to this route

  • US: premium processing rises to $2,965 and H-1B moves to wage-weighted selection12 January 2026

    Two USCIS changes land for the FY2027 H-1B season: the Form I-907 premium-processing fee rises with inflation, and cap-subject H-1B selection switches from a random lottery to a wage-weighted process.

  • USCIS final fee rule takes effect1 April 2024

    USCIS implemented its first major fee schedule adjustment in nearly a decade, including differentiated H-1B filing fees by employer type.

ℹ️ Who can apply?

You do not need a job offer or employer to apply for the EB-2 National Interest Waiver (NIW). This route can lead to permanent residence. Open to applicants from all countries (see nationality-specific notes below for details relevant to your country).

Guidance by nationality

Specific information for applicants from these countries. Don’t see yours? The general eligibility criteria above apply to everyone.

  • 🇮🇳 Indian applicants

    Indian EB-2 priority dates face long retrogression under the per-country cap. NIW approval does not resolve this — the p…

  • 🇨🇳 Chinese applicants

    Chinese EB-2 priority dates also face retrogression, though historically shorter than Indian queues. USCIS flags sensiti…

  • 🇮🇷 Iranian applicants

    Iranian researchers face additional security review (Section 212(a)(3)(A) and dual-use export-control checks) particular…

  • 🇷🇺 Russian applicants

    Russian EB-2 NIW applicants in dual-use STEM fields face heightened administrative-processing review post-2022. The US E…

  • 🇳🇬 Nigerian applicants

    Nigerian NIW filings have grown sharply in healthcare, biotech, and AI/STEM research. NUC-accredited university credenti…

Additional sources

  • Primary source

    USCIS Policy Manual — NIW (Dhanasar framework) ↗ · USCIS Policy Manual

    Link last verified: 1 June 2026

Eligibility

Typical criteria

  • ✓Qualify as an EB-2 worker: advanced degree (US master’s/PhD or foreign equivalent) or exceptional ability.
  • ✓Proposed endeavour has both substantial merit and national importance.
  • ✓The beneficiary is well positioned to advance the proposed endeavour.
  • ✓On balance, it would be beneficial to the United States to waive the job offer and PERM requirements.

Common blockers

  • !Proposed endeavour framed too narrowly (local rather than national impact).
  • !Thin record of progress or record of success in the proposed field.

Typical evidence

  • ·Business plan, research statement, or endeavour statement explicitly mapped to Dhanasar prongs.
  • ·Academic credentials and credential evaluation for non-US degrees.
  • ·Independent expert letters focused on national importance and candidate fit.

Application pathway

  1. 01

    Draft endeavour statement

    Articulate the proposed US endeavour against Dhanasar prongs.

  2. 02

    Self-file Form I-140 with NIW request

    Submit with evidence package and legal brief.

  3. 03

    Adjudication

    USCIS issues approval, RFE, or denial; premium processing available.

  4. 04

    Adjust status or consular process

    Obtain green card once visa bulletin is current.

Official application links

Where to actually go next

Government links only

These are the official pages to use for this route. Open them before preparing documents: the forms, fees, appointment systems, and sponsor steps can change without warning.

  1. ApplyApplicant
    File Form I-140 NIW ↗

    NIW self-petitioners use Form I-140 to request EB-2 classification without employer labor certification.

    U.S. Citizenship and Immigration Services · verified 24 May 2026

Fees and processing time

Indicative government fees: I-140 USD 715; I-485 USD 1,440; premium processing USD 2,965.. A decision then typically takes 6 months – 2.5 years. Both change over time, so the dedicated pages below carry the itemised breakdown and the current official figures.

  • Processing time detail

    Current decision windows from the issuing authority.

Matches these professions

Software engineerNurseDoctorCare worker

Also explored by

🇮🇳 Indian🇨🇳 Chinese🇮🇷 Iranian

Compare United States of America with

  • 🇨🇦 Canada
  • 🇦🇺 Commonwealth of Australia
  • 🇲🇽 United Mexican States

Related routes

  • EB-1A Extraordinary Ability (Immigrant)

    Employment-based first-preference green card for individuals with extraordinary ability — self-petitionable.

  • EB-3 Skilled, Professional, and Other Workers

    Third-preference employment-based green card requiring employer sponsorship and PERM labor certification.

  • O-1 Individuals with Extraordinary Ability or Achievement

    Visa for individuals with extraordinary ability in sciences, education, business, athletics (O-1A) or the arts/film/television (O-1B).

Frequently asked questions

Are STEM PhDs favoured for NIW?+−

USCIS policy guidance (updated 2022 and since) highlights that endeavours in STEM fields of importance to US competitiveness and national security, particularly those identified on critical and emerging technologies lists, are strong candidates for NIW — though every petition is assessed on its own record.

Can I apply for an EB-2 National Interest Waiver green card without a job offer or employer sponsor?+−

Yes. The National Interest Waiver waives the EB-2 job-offer and PERM labor certification requirements, and it is self-petitionable, so you can file Form I-140 yourself without an employer sponsor. You must still show your proposed endeavour has substantial merit and national importance and that you are well positioned to advance it. Confirm the current criteria on the official USCIS source before filing.

What education do I need to qualify for an EB-2 NIW green card?+−

You must first qualify as an EB-2 worker, which means holding an advanced degree (a US master's or PhD, or the foreign equivalent) or demonstrating exceptional ability. This is in addition to showing your proposed endeavour has substantial merit and national importance. Check the official EB-2 source to confirm how your specific credentials are assessed.

Need tailored advice?

We do not provide legal advice. For an application that depends on your exact circumstances, consult a regulator-listed immigration advisor.

Find a regulated advisor →

This is not legal advice

We publish neutral, sourced information about immigration routes. Rules and thresholds change often — always verify details on the official government source linked on this page and consult a regulated immigration advisor before applying.

CompareFind my route →