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

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.