The EB-2 National Interest Waiver (EB-2 NIW) is a sub-category of the EB-2 employment-based immigrant visa that lets professionals with an advanced degree or proven exceptional ability skip the normal PERM recruitment process and self-petition for a U.S. green card. Instead of proving that no U.S. worker can fill the role, you demonstrate that your work has “substantial merit and national importance.” Because you don’t need a job offer or corporate sponsor, the EB-2 NIW has become the go-to green-card path for startup founders, AI researchers, data scientists, and other high-impact talent.
U.S. Citizenship & Immigration Services applies a three-part test—often called the Dhanasar framework—to decide whether waiving the job-offer and labor-certification requirements is in the national interest.1 When prepared correctly, an NIW petition can be approved in as little as 45 days with premium processing, allowing you (and your family) to move straight into adjustment of status or consular processing. LegalOS pairs AI-powered document analysis with expert attorneys to craft an NIW strategy that maximizes approval odds while cutting weeks off the timeline.
1 See the official USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5 (National Interest Waiver).
