What is the EB-2 NIW visa?

The EB-2 NIW visa is a second-preference employment-based immigrant visa, which can lead to permanent residence (aka “Green Card”). The EB-2 NIW visa is designed for those who have an advanced degree or exceptional ability, and can demonstrate that their work is of national interest to the U.S.

What does NIW mean?

NIW stands for “National Interest Waiver”. It allows you to self-petition (file without a sponsoring employer) and avoid the lengthy Permanent Labor Certification Process (PERM).

What’s the difference between the EB-1A and the NIW?

Both the EB-1A and EB-2 NIW allow you to self-petition, meaning you do not have to go through the PERM labor certification process.

The EB-1A is a subcategory of the EB-1 visa category and represents the highest preference level. While the EB-2 NIW has a lower eligibility threshold than the EB-1A, it is still considered a highly selective and demanding category.

What are the benefits of the EB-2 NIW visa?

The EB-2 NIW visa offers several advantages that make it a highly desirable pathway for foreign professionals seeking permanent residence in the United States. Below are the key benefits of applying for an EB-2 NIW:

1. No employer sponsorship required. You can self-petition (file without an employer), which gives you more flexibility and control.
2. No PERM labor certification. Unlike many employment-based green card paths, you can avoid the lengthy PERM process.
3. Potentially faster green card route (case dependent). You can sometimes move faster than PERM-based EB-2/EB-3 cases depending on timing and strategy.
4. Broad eligibility across industries. NIW isn’t limited to one profession—many types of work can qualify if you meet the NIW standard.

More than 16,606 people have been approved for an EB2 NIW visa in Fiscal Year 2025.

Did you know? The approval rate for the EB-2 NIW visa is 67.2% year-to-date, according to data published by the U.S. Citizenship and Immigration Services (USCIS)

What is the difference between NIW vs PERM?

If you’ve researched employment-based green cards, you know that the standard PERM process requires employer sponsorship. The National Interest Waiver (NIW) works similarly, but with key differences.

With PERM, a U.S. employer must sponsor you and prove there are no qualified U.S. workers available to fill the job. The NIW “waives” that requirement meaning you do not need employer sponsorship but you must still demonstrate that your work is in the national interest of the U.S.

Who qualifies for the EB-2 NIW visa?

The EB-2 NIW visa is designed for those who have an advanced degree or exceptional ability, and can demonstrate that their work is of national interest to the U.S.

What are the EB2 visa requirements?

Before the NIW analysis, you must first qualify for EB-2 itself. EB-2 is for people with either an advanced degree or exceptional ability.

Advanced Degree

To qualify through an advanced degree, you generally need a U.S. master’s degree or higher, or the foreign equivalent. Alternatively, you may qualify with a U.S. bachelor’s degree (or foreign equivalent) plus five years of progressive work experience in your field.

Common types of advanced degrees

• Master’s degree
• PhD
• MBA
• MD (medical degree)
• JD (law degree)

Request a written Visa Eligibility Assessment

Not sure if you qualify for EB-2 or NIW? Request a written visa eligibility assessment to get a structured, attorney-led evaluation.

What are the NIW requirements?

Once you qualify for EB-2, you must meet the NIW standard. USCIS uses a three-part test (Matter of Dhanasar) for NIW.

Your project has substantial merit and national importance.

You must show your work has substantial merit (value) and that its impact is nationally important to the U.S.

What is a good NIW Project?

A strong NIW project usually solves an important problem, has measurable impact, and aligns with U.S. national priorities.

See how like you qualify for an EB-2 visa

If you want to explore whether your project could qualify, review examples and frameworks that USCIS typically responds well to.

You’re well positioned to advance the proposed endeavor.

You must show you have the background, track record, plan, and momentum to carry out your proposed work in the U.S.

It would benefit the U.S. to waive the job offer and labor certification requirements.

Finally, you must show that waiving the PERM process benefits the U.S.—for example, because your work is urgent, unique, or otherwise compelling.

EB-2 NIW requirements for researchers, scientists, and doctors

Researchers, scientists, and doctors often qualify by tying their work to public health, scientific progress, and national competitiveness.

EB-2 NIW requirements for software developers, engineers, and tech industry professionals

Tech professionals can qualify when their work advances critical infrastructure, cybersecurity, AI, or other areas of national importance.

EB-2 NIW requirements for musicians, writers, artists, and creators

Creators can qualify when their work has broader cultural, educational, or economic significance and they can evidence sustained impact.

NIW requirements for lawyers, accountants, and nonprofits

Professionals in law, accounting, and nonprofit work can qualify if they demonstrate how their work improves access, compliance, public welfare, or economic stability at scale.

What is the EB-2 NIW approval rate?

The approval rate varies year to year and by case quality. Strong evidence, clear framing of national importance, and credible expert support tend to drive outcomes.

EB-2 NIW Processing Time

The processing time for EB-2 NIW I-140s is currently about 19 months, as of November 2025. With EB-2 NIW premium processing , you can expect a decision on your EB-2 NIW application in just 45 days.

However, getting the actual green card through adjustment of status or consular processing may take an average of 1.5 to 2 years, excluding nationals of India and China. Keep in mind that timelines for EB-2 NIW processing time can fluctuate monthly with the release of the new visa bulletin by the U.S. Government.

EB-2 NIW Application Process: Step-by-Step

1. Prepare the NIW strategy and evidence (endeavor framing, national importance, positioning).
2. File Form I-140 (self-petition).
3. Wait for USCIS adjudication (standard or premium).
4. After approval, proceed with adjustment of status (Form I-485) if eligible, or consular processing abroad.
5. Attend biometrics/interview if required and finalize issuance of permanent residence.

What happens if USCIS issues an RFE on my EB-2 NIW petition?

An RFE (Request for Evidence) means USCIS needs more information. RFEs often focus on national importance, positioning, or whether the endeavor is credible and well-supported.

EB2 NIW Cost

EB-2 NIW costs can include USCIS filing fees, optional premium processing, medical exam/biometrics costs (if applicable), and legal fees depending on representation.