The EB-2 National Interest Waiver (NIW) is a green card route that lets you file for yourself, with no employer sponsor and no labor certification. You must first qualify for EB-2 as a professional with an advanced degree or a person of exceptional ability, and then show that waiving the job offer is in the national interest (USCIS, reviewed Jan 2025).
This guide explains the test in plain words, so you can judge your own profile before you spend money.
What is the EB-2 NIW?
The EB-2 NIW is an employment-based green card category that waives the job offer and the labor certification. Most EB-2 petitions need a U.S. employer to file Form I-140. For the NIW, you can file Form I-140 for yourself (USCIS).
Who can apply?
You need one of two bases first. You hold an advanced degree or its equivalent, or you have exceptional ability, which means meeting at least three of six listed criteria (USCIS).
Then you must meet the three Dhanasar prongs, and USCIS may grant the waiver as a matter of discretion (USCIS Policy Manual).
What are the three prongs?
- Prong 1: your proposed endeavor has substantial merit and national importance.
- Prong 2: you are well positioned to advance the endeavor.
- Prong 3: on balance, it would benefit the United States to waive the job offer and labor certification.
Read more on prong 1, prong 2 and how to write your proposed endeavor.
What does the process look like?
Step 1: Confirm your EB-2 basis, your degree or your exceptional ability.
Step 2: Define your proposed endeavor in one clear paragraph.
Step 3: Gather evidence for each prong, including recommendation letters.
Step 4: File Form I-140 with the NIW petition, with the supporting forms USCIS asks for.
Step 5: Wait for the decision, then continue to the green card stage.
What does it cost?
Government fees depend on the current USCIS fee schedule. The I-140 fee is $715 on paper or $665 online, a self-petitioner also pays a $300 Asylum Program Fee, and premium processing for an NIW is $2,965 (USCIS Form G-1055, Oct 2026 edition). Check the current schedule before you file, because fees change.
Is the NIW right for you?
It fits professionals with strong records and a clear endeavor, such as researchers, engineers and founders. It fits less well if your endeavor only helps one employer. Compare your options in EB-1A vs EB-2 NIW, and read the page for EB-2 NIW for our full overview.
If you are weighing Canada too, check where you stand on the Express Entry CRS calculator and read about Express Entry. Canadian citizens have their own page: EB-2 NIW for Canadians.
Frequently asked questions
Do I need a job offer for the EB-2 NIW?
No. The NIW waives the job offer and the labor certification, and you can file Form I-140 for yourself (USCIS, reviewed Jan 2025).
What are the three NIW prongs?
Substantial merit and national importance, being well positioned to advance the endeavor, and on balance a benefit to the U.S. to waive the job offer (USCIS Policy Manual).
Do I need an advanced degree?
You need an advanced degree or its equivalent, or exceptional ability, which means meeting at least three of six listed criteria (USCIS).
Can I use the NIW if my work only helps one employer?
Rarely. National importance depends on the prospective impact of the endeavor, and benefits limited to one employer are not enough (USCIS Policy Manual).
What do the government fees look like?
The I-140 fee is $715 on paper or $665 online, a self-petitioner also pays a $300 Asylum Program Fee, and premium processing for an NIW is $2,965 (USCIS Form G-1055, Oct 2026 edition).
Where to go from here
To talk through your own case, Book a Strategy Consultation, or start with the U.S. route finder.
Last updated: 15 October 2026.
Amir Ismail leads Amir Ismail & Associates, which has guided clients since 1991 and works with independent U.S. immigration attorneys. AIA is not a law firm. Legal advice and filings are handled by the attorney.
