EB-2 NIW for Canadians: Get a U.S. Green Card Without a Job Offer
For Canadian professionals with an advanced degree or exceptional ability who want a U.S. green card on their own and want an honest read of their case before they pay for a filing. Since 1991, AIA has guided 25,000+ clients, and independent U.S. attorneys handle the filing.
since 1991
- The EB-2 NIW is a green card you file for yourself. No job offer and no labor certification are needed. You file Form I-140.
- Canadian citizens do not use Express Entry. The NIW asks whether your work serves the U.S. national interest, not for a points score.
- You must pass the three-part Dhanasar test, and you must first qualify for EB-2 with an advanced degree or exceptional ability.
- Canadians are charged to the all-chargeability category in the Visa Bulletin, not the India or China lines. A wait may still apply.
- Many Canadians plan the green card while on TN, L-1 or E-2. Ask an attorney about timing before you start.
Why do Canadian EB-2 NIW petitions fail?
Most NIW problems come from a vague project, thin proof or generic letters, not from the person’s talent. USCIS looks closely at whether your proposed work has substantial merit and national importance, whether you are well positioned to advance it, and whether it benefits the U.S. to waive the job offer. A weak filing costs you months and filing fees that USCIS generally does not refund (USCIS).
Here is how it usually goes wrong. You describe your job instead of a specific project. You collect letters from people who only know you at work. Or you assume that a Canadian degree and a U.S. job offer speak for themselves.
Underneath, the feelings are real. You feel proud of your work, but unsure it counts as national importance. You feel stuck on a temporary status, waiting on an employer. And you feel worried about paying for a petition that comes back denied.
None of that means your record is weak. It means no one has measured it against the real test. The sections below do that.
Who is behind your NIW plan, and why trust them?
Amir Ismail & Associates has guided 25,000+ clients since 1991, from offices in Toronto, Dubai and Karachi. We help you measure your case and plan your evidence, and independent U.S. attorneys handle the legal work and the filing. We also tell you straight when another route fits you better.
Empathy: We know how hard it is to describe your own work as national importance, and how costly it is to guess.
Authority: Amir Ismail has worked in immigration since 1991. Over 35+ years, our team has guided 25,000+ clients from Toronto, Dubai and Karachi. That includes many Canadian professionals.
Philosophy: We believe you should measure your case before you file. We believe a good advisor tells you when a case is too thin today. And we believe you should know exactly who files your case.
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.
What is the EB-2 NIW for Canadians?
The EB-2 National Interest Waiver is a U.S. green card category that lets you skip the employer job offer and the labor certification, and file Form I-140 for yourself. You need an advanced degree or exceptional ability, and you must pass the three-part Dhanasar test, which asks whether your proposed work has substantial merit and national importance, whether you are well positioned to advance it, and whether it benefits the U.S. to waive the job offer (USCIS). USCIS grants it only if waiving the job offer is in the national interest.
Your spouse and unmarried children under 21 may apply for green cards as derivatives after your I-140 is approved. See the main EB-2 NIW page for the full requirements.
It is a green card, not a visa that expires. Once approved and processed, you and your family hold permanent residence.
Why do Canadians use the EB-2 NIW?
Canadians use the EB-2 NIW because it lets them move toward a green card without tying it to one employer. Canadian professionals in the U.S. on TN, L-1 or E-2 status, and professionals still in Canada, can all plan an NIW. It judges your work, not a points score or an invitation round (USCIS).
Here is who it fits:
- TN holders: you work in the U.S. in a listed profession and want a green card that does not depend on your employer.
- L-1 holders: you transferred within your company and want a path that does not rely on the company.
- E-2 investors: you run a U.S. business and want a separate route to permanent residence.
- Professionals in Canada: you want to move to the U.S. on your own record and do not have an employer sponsor.
Who this is not for. If your work is a job, not a project that serves the U.S., the NIW may be too early. If you are at the top of your field with wide recognition, look at the EB-1A. If your main argument is a shortage of workers in your job, USCIS says a labor shortage alone does not qualify (USCIS).
Not sure which side of the line you are on? A paid Strategy Consultation tells you, in one session.
Where do Canadians stand in the Visa Bulletin?
Canadian citizens are charged to the all-chargeability category in the Visa Bulletin, not to the India or China lines. The State Department lists those countries separately because their demand is higher, so Canadians usually face a shorter line. A wait may still apply, so check the current Visa Bulletin for your category (U.S. Department of State, USCIS).
The Visa Bulletin changes every month, so we do not print dates on this page. Your attorney will check the current chart for you.
Can Canadians file for an EB-2 NIW from Canada?
Yes, you can file Form I-140 whether you live in Canada or in the United States, because the petition does not require you to be in the U.S. What happens after approval depends on where you are, your status and the Visa Bulletin. Your attorney will map that with you.
Can I use a TN, L-1 or E-2 while I plan an EB-2 NIW?
Yes, many Canadians hold a temporary status while they build and file an NIW. The USCIS TN page does not say whether TN allows you to pursue a green card, so ask an attorney about timing before you start (USCIS). The green card step is a separate petition with its own tests.
What does AIA do for you?
We help you measure your case, plan your evidence, and arrange an independent U.S. attorney for you who files. We do not file with USCIS or give U.S. legal advice.
| What we do | What you get | What it means for you |
|---|---|---|
| Fit check | An honest view of whether your degree, work and record fit the NIW | You know where your case is strong and thin |
| Project definition | A clear project, not a job title | Your evidence answers all three prongs |
| Evidence map | Your documents and letters mapped to the test | Every piece has a job |
| Temporary-status timing | A first view of how TN, L-1 or E-2 sits next to an NIW | You plan the order of your steps |
| Independent U.S. attorney hand-off | A licensed attorney advises you and files Form I-140 | You can trust the legal side |
Think of us as the person who reads the map with you. The attorney drives the car.
How our process works
You take three steps: book a Strategy Consultation, build your plan, and meet an independent U.S. attorney. AIA helps you measure your case and organize your evidence, and the attorney handles the legal work and the filing.
Step 1: Book a Strategy Consultation
In one paid session with Amir, we review your degree, work and plans, tell you how strong your case looks and what to prepare.
Step 2: Build your plan
We help you define one clear project, map your evidence to the three questions, and plan your letters and documents.
Step 3: Meet an independent U.S. attorney
They confirm your eligibility, advise you on the law, and file Form I-140 for you once they are engaged under your signed agreement.
Find my U.S. route
Answer a few questions. A member of our team will contact you. No obligation.
AIA is not a law firm. U.S. legal services are provided by independent, licensed U.S. immigration attorneys we arrange for you under a signed agreement.
Questions about cost, time and results
Most Canadian professionals ask three things before they start: what it costs, how long it takes, and whether they will qualify. The answers below are honest and short. If yours is missing, the Strategy Consultation lets you ask.
Can my family come with me?
Yes, your spouse and unmarried children under 21 may apply for green cards as derivatives after your I-140 is approved (USCIS). Their applications follow yours. Children who turn 21 may lose eligibility, so timing matters.
What does the EB-2 NIW cost, and who do I pay?
You pay different parties for different things: the government, your attorney, and the cost of gathering your evidence, such as expert letters and translations. Government fees are set by USCIS, and each attorney sets their own fees. The Strategy Consultation with Amir is paid, and the booking page shows what it includes.
See the main EB-2 NIW page for the government fee items.
We do not quote fees on this page.
A weak filing costs more than a strong plan, because government fees are generally not refunded. Measuring your case first is the cheaper path.
How long does the process take?
It depends on how ready your evidence is, how busy USCIS is, and where you stand in the Visa Bulletin. Premium processing may speed the first decision, but you may still wait for a visa number. We do not quote dates before we review your case, because a guess helps nobody.
Will I qualify?
No one can promise you will qualify. The Strategy Consultation tells you honestly where you stand, including when the NIW is too early or another route fits better. If it is a poor match, we say so before you spend money on a filing.
A better-fitting route beats a hopeful filing.
What happens if you wait, and what does success look like?
If you wait, you keep guessing, and your evidence drifts without a plan. If you measure your case first, you file when it is ready, with the right attorney. One paid session gives you a written plan.
If you stay stuck: another year on a temporary status, hoping an employer solves it. Letters and projects sit unmapped. A filing that does not fit costs you months and fees you will not get back.
If you act now: you know how strong your case is, you know what to build, and you know who files it. You feel relieved and in control, because the next step is clear. That is what we help you reach.
Last updated: 14 October 2026
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.
