/
EB-2 NIW
EB-2 NIW
EB-2 NIW eligibility and strategy

Get a US Green Card Without a Job Offer: Your EB-2 NIW Plan

You are a skilled professional doing work that matters. You do not want your green card to depend on an employer. The EB-2 National Interest Waiver lets you file for yourself, if your work passes a three-part test. AIA reviews your case honestly and builds your strategy before you spend on a petition.
30 minutes with Amir. Your pathway mapped. A written plan you keep.
Clients of Amir Ismail and Associates with a five-star rating
Trusted by 25,000+ families
since 1991
EB-2 NIW at a glance
Category
EB-2 National Interest Waiver
Job offer
Not required, you can self-petition
The test
Three-part Dhanasar standard
Who it suits
Advanced degree or exceptional ability
Family
Spouse and children under 21
2026 Canadian Choice Award
Independently verified excellence
35+
Years in immigration
25,000+
Clients guided
3 offices
Toronto, Dubai, Karachi

You may qualify on paper, but you are not sure your case will pass

Many skilled professionals want a US green card and do not want to wait on an employer. The NIW removes the job offer, but it adds a hard test. USCIS now looks closely at every petition, and many are denied for vague plans, weak proof or generic letters. A weak filing wastes months and money.

How it feels to guess

You read forum posts that all say something different. You wonder if your work is important enough. You worry about paying for a petition that gets denied.

What a clear NIW plan gives you

  • No employer needed, so you are not tied to one sponsor
  • An honest fit check first, so you know where your case is strong and where it is thin before you file
  • Evidence mapped to the test, so every letter and document answers one of the three Dhanasar questions
  • Your family included, since your spouse and children under 21 can be listed on your case

You do not have to work this out alone

We know the NIW rules feel vague. You want someone who tells you straight whether your work is strong enough, before you pay for a filing.

What we have done

  • 35+ years in immigration and investment migration
  • 25,000+ families guided since 1991
  • Three offices: Toronto, Dubai and Karachi
  • Strategy first: we assess fit and plan your case before you file

What we believe

  • Honesty first: we tell you when a case is too thin, before you pay
  • Clean evidence: specific, checkable proof beats big claims
  • Your plan, not a template: your work decides your strategy
We believe a strong NIW case rests on one clear goal and proof anyone can check, not on long letters and big words.

Is the EB-2 NIW right for you?

An honest answer before you spend on a petition.
Engineer reviewing EB-2 NIW petition documents at a home desk

A good fit if you have

  • A master’s degree or higher, or a bachelor’s plus five years of progressive experience
  • One specific endeavor with named projects and goals, not just a job title
  • Impact beyond one employer, such as national or global effects in your field
  • Proof of your record: publications and citations, patents, funding or wide use of your work
  • Independent experts who can speak first-hand about your work

Consider another route if

  • Your plan is to keep doing your current job, with no wider effect
  • Your main argument is a shortage of workers in your occupation
  • You rely on a business plan alone, with no investors, customers or grants behind it
  • You need your green card in months, since country backlogs can add years
Not sure NIW fits? Read our guide to U.S. green card options, or book a Strategy Consultation and we match your profile to the right route.

Missed Express Entry? Here is how EB-2 NIW compares

If you did not get an Express Entry invitation, EB-2 NIW can be a real alternative, because USCIS judges your work and not a points score. Express Entry ranks you on age, language scores, education and occupation, and some strong professionals fall short. EB-2 NIW has no points system, but it asks you to prove national importance (IRCC, USCIS).

This fits people with a Master’s or PhD, publications, patents or a strong research record, especially in STEM. It does not fit everyone. You still need to pass the three-part test.

U.S. EB-2 NIWCanada Express Entry
How you are chosenUSCIS reviews your evidence. There is no points scoreIRCC scores your profile out of 1,200 (CRS) and invites the top-ranked candidates in each round
Do you need an invitation?No. You file yourselfYes. You can apply only after IRCC invites you, and you then have 60 days
What decides itThe three-part Dhanasar test of your workYour points, plus category rounds that favour some occupations
ResultPermanent residencePermanent residence

Canadian citizens do not use Express Entry. If you are Canadian, see EB-2 NIW for Canadians. To compare the two systems, see how Express Entry works and EB-1A vs EB-2 NIW.

More U.S. routes: U.S. immigration options, green card options, EB-1A and EB-5.

EB-2 NIW requirements

USCIS checks two things: that you qualify for EB-2, and that you pass the three-part NIW test.
ED

EB-2 basics

You need an advanced degree: any degree above a bachelor’s, or a bachelor’s plus at least five years of progressive experience. Exceptional ability also qualifies, shown by meeting at least 3 of 6 USCIS criteria.

NI

Merit and national importance

Your endeavor must be more specific than your job title, with named projects and goals. It needs national or global implications in your field, real potential to employ US workers, or other major economic effects.

WP

Well positioned

USCIS looks at your degrees, record of success, citations, patents, plan and interest from customers, users or investors. You do not have to prove the endeavor will succeed.

WJ

Waive the job offer

You show it benefits the US to skip labor certification, for example because it is impractical, urgent or tied to your unique skills. A labor shortage in your job alone does not count.

EV

Evidence that can be checked

USCIS weighs all your evidence together. Letters from independent experts with first-hand knowledge help most, and a business plan needs independent proof behind it.

Not sure you qualify?

Book a strategy consultation and we map your best route.

EB-2 NIW and the other routes to compare

NIW

EB-2 NIW self-petition

You file for yourself, with no job offer and no labor certification. You carry the job of proving national importance, so your plan and evidence matter most.

EB1

EB-1A extraordinary ability

A higher bar with no job offer either. It can suit senior researchers, founders and professionals with major awards or wide recognition.

PERM

EB-2 or EB-3 with PERM

An employer sponsors you and proves no qualified US worker is available. It needs a willing employer, and the case rests on the job rather than on national importance.

Your path to an EB-2 NIW petition in three steps

Three steps from your first call to a petition that is ready to file.
Researcher planning her US career as an EB-2 NIW applicant
1
Before you pay

Book Your Strategy Consultation

In 30 minutes we review your degree, work and plans, tell you how strong your case looks and what to prepare.

2
We build your strategy

We shape your project and evidence

We help you define one clear project, map your evidence to the three Dhanasar questions and plan your letters and documents.

3
Your after-state

Your petition is ready to file

You or your US attorney file Form I-140 with a case built on clear, checkable proof, and you know what happens next.

What it costs, and what waiting costs

These are the USCIS amounts we confirmed in 2026. USCIS changes its fees, so check its fee schedule before you file. Set the total against a weak petition: months lost and money spent twice.
USCIS I-140 filing fee
$715 on paper or $665 online (2026)
Asylum Program Fee
$300 for self-petitioners
Premium processing
Optional, $2,965 with Form I-907 (from March 2026)
Attorney fees
Quoted by your US attorney, if you use one
Evidence and letters
Letters, reports and translations vary by case
Later green card steps
Separate fees for Form I-485 or consular processing
Typical timeline
I-140 decision first, then a visa number wait by country

Two possible futures

A year from now, you may still be waiting on an employer, or guessing about your case from forum posts. USCIS standards keep getting tighter.
Or your petition is filed with a focused plan and proof that answers all three questions, and you know your next step.

The cost of guessing

A weak petition can cost you months and thousands of dollars, and it leaves your plans on hold. A clear strategy first is the cheaper path.

Your ultimate success

  • Clear: you know how strong your case is
  • In control: no employer holds your green card
  • Protected: your spouse and children are included
  • Ready: your evidence matches the test
NIW assessment

Is your NIW case ready to file?

Answer 10 questions and get a readiness score against the three Dhanasar prongs, plus an EB-1A check and what your country of birth means for the wait.
10
Questions, about 3 minutes
3
Dhanasar tests
0
Job offers needed
What the assessment checks
1
Your field and degree
2
Your proposed work
3
Proof of national importance
4
Your record of success
5
Your plan and progress
6
Why waive the job offer
7
Your country of birth
Amir Ismail, founder of Amir Ismail & Associates
“Choose the route first. Spend the money second.”
Amir Ismail · Founder, Amir Ismail & Associates

Why clients choose Amir Ismail & Associates

Since 1991, AIA has guided 25,000+ clients from offices in Toronto, Dubai and Karachi. We help you pick your U.S. route, and independent U.S. attorneys handle the legal work and the filing.

Honest route check

We tell you when a route does not fit, before you spend money.

A plan for your profile

We look at your record, citizenship and capital, not a template.

Clear on who does what

AIA organizes your plan. Independent U.S. attorneys give legal advice and file.

A two-country view

We know the Canada and U.S. sides, so you can compare both.

Built for your passport

We check your citizenship first, so you never plan around a visa you cannot use.

Since 1991

35+ years in immigration, 25,000+ clients guided, and the 2026 Canadian Choice Award.

What clients say

“Been having some challenges for my EB2 program. Glad a good friend of mine referred me to their services. I highly recommend Mr Ismail and his team.”

James K., EB-2 client

Excerpt from a Google review of Amir Ismail & Associates.

EB-2 NIW FAQs

The EB-2 National Interest Waiver is a US green card category that lets you skip the employer job offer and the labor certification (PERM) and file Form I-140 for yourself. You need an advanced degree or exceptional ability, and you must pass the three-part Dhanasar test. USCIS grants it only if waiving the job offer is in the national interest.

You qualify with an advanced degree, which is any degree above a bachelor’s or a bachelor’s plus at least five years of progressive experience. You can also qualify with exceptional ability, which means expertise significantly above the norm. For exceptional ability you must meet at least 3 of 6 criteria: an academic record, 10 years of experience, a licence, high pay, professional memberships or peer recognition.

USCIS asks three questions under Matter of Dhanasar. Does your proposed endeavor have substantial merit and national importance, are you well positioned to advance it, and does it benefit the US, on balance, to waive the job offer? You must show yes to all three, and USCIS weighs your evidence as a whole.

USCIS looks at the potential impact of your endeavor, not only how many states it touches. It needs national or global implications in your field, significant potential to employ US workers, or other major economic effects, especially in a depressed area. Benefits to one employer, classroom teaching without wider effect and a general occupation shortage do not count.

It means you have the education, skills and record of success to advance your endeavor. USCIS looks at degrees, patents, citations, published coverage, awards or grants, a plan for your future work, and interest from customers, users or investors. You do not have to prove the endeavor will succeed.

No. USCIS states that a national labor shortage in your occupation does not, by itself, satisfy the third prong. You need to show why waiving the job offer helps the US, for example because the work is urgent, a labor certification is impractical, or your skills go beyond what a standard job posting would ask.

No. USCIS gives the most weight to letters from independent experts who have first-hand knowledge of your work and give specific examples. It wants them supported by other evidence. A business plan also needs independent proof behind it.

Yes. USCIS says in its January 2025 guidance that not every entrepreneur qualifies, and opening a consulting firm or making broad claims about jobs and the economy will not be enough. Stronger cases show your central role, a record of success, investor commitments, grants or incubator admission, and steps already taken.

USCIS treats an advanced STEM degree, especially a PhD, tied to a critical and emerging technology as a strongly positive factor. Letters from interested US government agencies also carry weight. Classroom teaching in STEM generally does not show national importance by itself.

USCIS lists a Form I-140 filing fee of $715 on paper or $665 online, plus a $300 Asylum Program Fee for self-petitioners. Premium processing with Form I-907 is optional and costs $2,965 as of March 2026. Check the USCIS fee schedule before you file, because amounts change.

The I-140 decision depends on USCIS workload and whether you use premium processing. After approval you still need an immigrant visa number, and people born in India or China face long EB-2 queues that can add years. The State Department Visa Bulletin shows the current cutoff date for your country.

Yes. Under a USCIS policy alert effective August 5, 2026, officers may deny a benefit request without first sending a request for evidence if it is incomplete or has no legal basis for approval. That is why your first filing needs to be complete and specific.

Yes. Your spouse and unmarried children under 21 may apply for green cards as derivatives, known as E-21 and E-22 status. Their applications follow your approved I-140.

No. Both let you self-petition without a job offer. The EB-1A requires extraordinary ability, shown by at least 3 of 10 USCIS criteria or a one-time major award, which is a higher bar than the NIW.

Yes, the two systems are separate, and you can pursue either or both if you qualify. EB-2 NIW does not use a points score and does not need an invitation. It does require an advanced degree or exceptional ability and an endeavor that passes the three-part test.

AIA reviews your eligibility and builds your strategy, but we are not a US law firm and we do not file with USCIS. Under your signed agreement, we arrange an independent US attorney who advises you and files Form I-140.

U.S. legal scope. AIA is not a law firm and is not licensed to practice law in the United States. U.S. legal services are provided by independent, licensed U.S. immigration attorneys, chosen case by case for fit and cost, whom we arrange for you under a signed agreement. Any attorney-client relationship is between you and that attorney. AIA’s Canadian immigration services are separate. This page is general information, not legal advice.