FORMS: Form I-140 (with NIW request), Form I-485 (or DS-260)
The EB-2 National Interest Waiver allows applicants to bypass both the job offer and PERM Labor Certification requirements when their work is in the national interest of the United States. NIW is self-petitionable (no employer sponsor required) and has been transformed since the Matter of Dhanasar precedent decision in 2016 — making it accessible to entrepreneurs, researchers, professionals, and skilled workers across diverse fields.
Applicants must qualify for EB-2 (advanced degree or exceptional ability) AND meet the three- prong Dhanasar test: (1) the proposed endeavor has substantial merit and national importance; (2) the applicant is well-positioned to advance the proposed endeavor; (3) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements.
Self-petitioner files Form I-140 with comprehensive evidence under all three Dhanasar prongs. Concurrent I-485 if priority date current. NIW does not require employer sponsorship — applicant can self-petition while in any status (or from abroad).
Required: detailed personal statement articulating proposed endeavor and national importance; expert recommendation letters from independent field leaders; evidence of past achievements showing well-positioned analysis (publications, patents, awards, business success); plan for future U.S. work; financial documentation if entrepreneurial; and EB-2 qualification evidence (degree or exceptional ability).
I-140 fee; I-485 fee; Biometrics; Asylum Program Fee; Premium Processing $2,805 (effective March 2026).
I-140 standard 6–12 months; Premium 15 days; I-485 concurrent 8–14 months.
Our NIW practice has expanded dramatically post-Dhanasar. We represent: STEM researchers, AI/ML specialists, healthcare professionals, entrepreneurs (especially in critical industries), public policy researchers, and skilled professionals in fields aligned with national priorities. We craft compelling Dhanasar narratives connecting individual work to U.S. strategic interests.
If you're an advanced-degree professional whose work serves U.S. national interests, the NIW may offer a self-petitioned green card without employer sponsorship or PERM. Contact us for an NIW eligibility analysis.
Call: 212-571-6002 | WhatsApp Available | GreenCardMaker.com
