Heller ImmigrationLaw Group · San Francisco Bay Area, San Jose & Silicon Valley
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Practice area · Employment-Based Green Card

EB-2 NIW Lawyer

Self-petitioned green cards for work that benefits the U.S.

EB-2 NIW is an employment-based green card pathway, not a temporary work visa. The National Interest Waiver lets qualified professionals skip the job offer and PERM requirements when their work is in the national interest, and leads to permanent residence through Adjustment of Status or consular processing.

Who This Is For

  • Researchers, engineers and physicians
  • Entrepreneurs with a well-formed plan
  • Advanced-degree holders or those with exceptional ability

What to Know

  • USCIS applies the three-part Matter of Dhanasar test: substantial merit and national importance, being well positioned to advance the work, and that waiving the job offer benefits the U.S.
  • You can file for yourself, without an employer sponsor.
  • The petition can be combined with an I-485 when your priority date is current.

Forms Usually Involved

FormPurpose
I-140Immigrant Petition
I-907Premium Processing

EB-2 NIW in the Context of Green Card Cases

EB-2 NIW sits within employment-based green card cases generally, not as an isolated work visa. The Green Cards page maps the fastest realistic route to permanent residence, whether through an employer, a family member or your own achievements, and notes that employment routes include EB-1, EB-2 (including NIW) and EB-3, many of which require PERM labor certification first — NIW being the waiver of that job-offer and PERM step, as stated above. After the immigrant petition, permanent residence is completed through Adjustment of Status for applicants inside the United States whose priority date is current, or through consular processing abroad.

Green Cards · Adjustment of Status · EB-1 Extraordinary Ability

How an EB-2 NIW Green Card Case Proceeds

  1. Frame the work under Dhanasar. USCIS applies the three-part Matter of Dhanasar test: substantial merit and national importance, being well positioned to advance the work, and that waiving the job offer benefits the U.S.
  2. Self-petition. You can file for yourself, without an employer sponsor, and skip the job offer and PERM requirements when the work is in the national interest, as stated above.
  3. Petition. Form I-140, Immigrant Petition. Premium processing may be requested on Form I-907, as listed in Forms Usually Involved.
  4. Green card step. The petition can be combined with an I-485 when your priority date is current. While an I-485 is pending, you can apply for a work permit and advance parole for travel, as stated on the Adjustment of Status page.

Gaps, clearly marked: No NIW petition decision timeframe, overall green card timeframe, or NIW approval rate or case count is stated on this site, so none is given here. Green card wait times depend on category and country of birth, as shown in the monthly Visa Bulletin. No Dhanasar detail beyond the three-part test as stated above is added here.

How This Compares

PathwaySponsorshipLabor Certification WaiverGreen-Card Path
EB-2 NIWSelf-petition; no employer sponsor requiredJob offer and PERM requirements waived when the work is in the national interestGreen card (permanent residence); petition can be combined with an I-485 when the priority date is currentThis is the green card pathway itself
EB-1ASelf-petition possible, with a major international award or at least three of ten criteriaNo PERM step is stated on this site for EB-1AGreen card (permanent residence); EB-1 often moves faster than other employment categories, as stated aboveThis is the green card pathway itself
PERM-based EB-2 / EB-3Employer sponsor; many employment routes require PERM labor certification first, as stated on the Green Cards pagePERM labor certification required first, unlike NIWGreen card (permanent residence); wait times depend on category and country of birth, as shown in the monthly Visa BulletinThis is the green card pathway itself, via PERM
H-1B / O-1 (work visas)Employer (H-1B) or employer/agent (O-1)H-1B: annual cap and spring registration; O-1: no annual cap or lotteryTemporary work status, not permanent residenceCan lead to a green card case, which is a separate step

Comparison is general information only, based on the descriptions on this site. It is not a recommendation for any individual case.

Backup Pathway

If NIW is not the right fit on the current record, a separate pathway may be considered on its own criteria, for example EB-1A for extraordinary ability, a PERM-based EB-2 or EB-3 case with an employer sponsor, or a work visa such as O-1 or H-1B followed by a green card case. No pathway or outcome is promised here; the fit is confirmed for the individual case.

What If…? Frequently Asked Questions

  • What if I have no employer sponsor? You can file for yourself, without an employer sponsor, as stated above.
  • What if my work is not yet widely known? The Dhanasar test as stated above looks at substantial merit and national importance, and being well positioned to advance the work — not only at fame. Whether a case can be built on the current record is confirmed for the individual case.
  • What if I am an entrepreneur? Entrepreneurs with a well-formed plan are listed in Who This Is For.
  • What if my priority date is not current? The petition can be combined with an I-485 when your priority date is current. Wait times depend on category and country of birth, as shown in the monthly Visa Bulletin.
  • What if I am inside the United States? Adjustment of Status is the process of applying for a green card from inside the United States once an immigrant visa category is available to you.
  • What if I am abroad? Applicants abroad complete consular processing instead of adjustment of status, as stated on the Green Cards page.
  • What if NIW does not fit yet? See the backup pathway box above: EB-1A, PERM-based EB-2/EB-3, O-1, or H-1B may be considered, each on its own criteria.

General information, not legal advice. Requirements and processing change; we confirm current rules for your case.

Your Attorney

Paul M. Heller, Esq. — Principal Attorney & Founder, Heller Immigration Law Group, with 30+ years practicing U.S. immigration law in the San Francisco Bay Area and Silicon Valley, and throughout the United States. Immigration is a federal practice. Designated School Officials at Stanford & UC Berkeley have turned to Paul Heller for advice, as stated on the firm homepage.

More About Paul M. Heller

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Service-area firm based in Menlo Park, CA — consultations by phone/video, cases handled throughout the U.S. because immigration is federal.

Cities served include San Francisco, San Jose, Santa Clara, Milpitas, Fremont, and Cupertino.

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General information, not legal advice. Requirements and processing change; we confirm current rules for your case.

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