Green Card Without Sponsor with the EB-2 NIW Visa

The EB-2 NIW (National Interest Waiver) is an employment-based second preference immigration visa category that allows professionals with advanced university degrees or exceptional ability to obtain a Green Card without needing a job offer or sponsor. The government waives the standard job offer requirement when the applicant's work is of national interest to the United States.

You qualify if you have: (1) a Master's, PhD, or Bachelor's + 5 years of progressive experience, OR verifiable exceptional ability; and (2) a proposed endeavor in an area of substantial merit and national importance; (3) you are well positioned to advance that endeavor; and (4) on balance, it would be beneficial to the U.S. to waive the standard job offer requirements.

In 2016, USCIS established three criteria in Matter of Dhanasar for evaluating EB-2 NIW petitions: (1) the proposed endeavor has substantial merit and national importance; (2) the applicant is well positioned to advance the endeavor; and (3) on balance, it would be beneficial to the U.S. to waive the job offer and labor certification requirements.

No. The major advantage of the EB-2 NIW is that it does NOT require a job offer or employer sponsorship. The applicant self-petitions before USCIS, providing flexibility to change jobs or start a business after obtaining the Green Card.

I-140 form processing takes 6 to 12 months (faster with Premium Processing, available for an additional $2,805 USD). Then it depends on the country of origin visa quota: for most nationals adjustment of status takes 1–2 more years. For India or China nationals there may be backlog of several years.

USCIS requires at least 3 of the following 6 criteria: (1) academic degree related to the field; (2) letters showing 10+ years of full-time work experience; (3) license to practice the profession; (4) salary demonstrating exceptional ability; (5) membership in professional associations; (6) recognition for significant achievements and contributions by peers, government, or professional organizations.

Yes. Your spouse and all unmarried children under 21 can obtain Green Cards as derivatives of your principal petition. They do not need to demonstrate exceptional ability or their own national interest.

Academic researchers, scientists, specialized physicians, engineers, technology experts, professionals in critical industries (energy, public health, defense), entrepreneurs with economic impact projects, and professionals with verifiable publications, patents, or recognitions in their field.

USCIS costs include: I-140 filing fee ($715 USD), asylum fee ($600 USD since 2024), optional Premium Processing ($2,805 USD), and I-485 filing fee if applying from within the U.S. ($1,440 USD). Legal fees vary by case. In your free assessment we deliver a detailed budget.

Yes. You can file the I-140 from abroad and process your immigrant visa at the U.S. embassy or consulate in your country (consular processing), or if you are in the U.S. with valid status, you can do internal adjustment of status with form I-485.