EB-2 National Interest Waiver

EB-2 NIW — No Employer, No PERM

NIW allows qualified professionals and researchers to self-petition under the national interest, waiving job offer and PERM. Show substantial merit and national importance, that you are well positioned to advance the endeavor, and that waiving job offer/PERM benefits the U.S. overall.

Learn Eligibility & Strategy

Overview

EB-2 NIW is a special route within EB-2. Unlike regular EB-2 requiring a job offer and PERM, NIW focuses on U.S. national interest and allows I-140 self-petition. Common applicants include researchers, engineers and data scientists, physicians and public-health professionals, those in key industries (energy/semiconductors/AI), and entrepreneurs with policy or economic spillover effects.

Advantages

No employer/PERM needed; align your case with national-scale priorities (industry, public health, basic science, key tech); when current, file I-485 concurrently to manage timelines. Premium processing may be available to streamline.

Who It Suits

Ideal for candidates with clear endeavors and public value: researchers with citations/collaborations; engineers scaling impact in key industries; clinicians/public-health contributors; innovators/entrepreneurs in advanced manufacturing, green energy, and digital infrastructure.

Criteria: Dhanasar Three Prongs

1) Substantial Merit & National Importance: show the endeavor addresses critical U.S. needs in science, industry, health, environment or the economy, with impact beyond a single employer/region.

2) Well Positioned: demonstrate background, achievements, collaborations, resources and platforms that enable you to advance the endeavor; explain your unique, scalable role.

3) On Balance, Waiver Benefits the U.S.: explain why waiving job offer/PERM better serves U.S. interests given policy goals, talent shortages, speed of iteration, and mobility costs.

Evidence & Strategy: Make the National Interest Case

Structure the narrative along three threads: (1) Endeavor Value—policy reports, funding, white papers, authoritative media and third-party data; (2) Your Position—papers/patents/code/clinical data, flagship projects, recommendations, grants/awards; (3) Implementation—3–5 year plan with milestones and public value.

For entrepreneurs: emphasize product/tech moat, compliance and safety, pilots and customer validation, unit economics, team and governance, and local jobs/taxes/supply-chain impact. For research/medical: highlight reproducible impact, cross-institution collaboration, and translational potential.

FAQ

Do I need a U.S. employer or offer?

No. NIW centers on national interest rather than a specific job. You can self-petition I-140 and, when current, file I-485 concurrently.

Can I apply without a PhD?

Yes. The key is demonstrating national-scale significance and that you are well positioned. Advanced degrees help but are not mandatory.

Can early-stage startups qualify?

Yes, with stronger third-party validation and executable plans: pilots/MOUs, early revenue/users, grants/accelerators/investments, and compliance/safety frameworks.

This page provides general information and does not constitute legal advice; strategies depend on facts and the latest USCIS policies.

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