Simplify the EB-2 NIW Green Card Process with LegalOS

A Path to U.S. Permanent Residency for Extraordinary Ability Individuals
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Overview

What is the EB-2 NIW?

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).

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EB-2 NIW Requirements

Advanced Degree or Exceptional Ability: Master’s, PhD, M.D., or a bachelor’s + 5 years’ progressive experience — OR clear evidence of exceptional ability in science, technology, business, or the arts.
Substantial Merit & National Importance: Your proposed endeavor benefits the U.S. economy, technological competitiveness, public health, or a similar national-priority area.
Well-Positioned to Succeed: A track-record of publications, patents, venture funding, high salary, awards, or letters from recognized experts proves you can deliver results.
Waiver Benefits the United States: On balance, it must be beneficial to the United States to waive the job offer and labor certification requirements.
No PERM Labor Certification required: Skipping the DOL PERM step eliminates 6-10 months of wait time and thousands in recruitment costs.
Benefits

EB-2 NIW Visa Benefits

LegalOS uses technology and legal guidance to help accelerate you U.S. business expansion

Self-Petition Option

Unlike many other employment-based visas, the
EB-2 NIW allows you to self-petition without an employer.

Flexible Career Path

EB-2 NIW holders have more freedom to change employers or pursue self-employment after
obtaining their green card.

No Labor Certification

The NIW waives the PERM Labor Certification requirement, saving significant time and resources.
What We Do

EB-2s made simple with LegalOS

Preparing and filing your EB-2 NIW application
Ensuring that all necessary documents are complete and accurate
Coordinating with your team to gather all necessary information
Offering ongoing support and assistance throughout the process
Our Advantage

Why choose LegalOS?

Our expert immigration attorneys use our proprietary software to create high-quality visa applications with unparalleled efficiency.

AI-Powered Case Analysis

Our AI technology analyzes your application, identifying strengths and potential areas for improvement.
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Visa Approval

We have a long track record of visa success. We know exactly what works, and what doesn't.
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Expert Legal Advice

You can take care of your EB-2 applications with help from the best lawyers in the industry.

Don’t take our word for it

Hear from some of our amazing customers
"I think you guys have an amazing concept and you follow through with amazing customer service. I've referred some of my friends and I'll continue to do so."
Joseph D.
Edison, New Jersey
"Thank you for helping file my EB-2 & I-140 paperwork. I have had a very bad time with my previous company and their legal firm.
You have changed the course of my life and I am thankful for your help."
Vijay B.
Bellevue, Washington
"Recently learned of this site. Super easy and trustworthy. Felt comfortable working with them and emailing whenever it was necessary. Would recommend them anytime!"
David P.
Philadelphia, Pennsylvania
Support

EB-2 NIW FAQs

Everything you need to know about the product and billing.
How long does the EB-2 NIW process take?
With premium processing, USCIS must adjudicate the I-140 in 45 days. Total green-card timing is 8-14 months for most applicants, depending on priority-date backlog and whether you file adjustment of status inside the U.S.
Do I need an employer for an EB-2 NIW?
No. The NIW category allows you to self-petition.

Many founders and researchers apply while freelancing or running their own startups!
What evidence should I include in an EB-2 NIW business plan?
A market analysis, revenue or funding projections, U.S. job-creation numbers, and letters from investors or industry leaders that tie your venture to U.S. national-interest goals.
How much does an EB-2 NIW cost with LegalOS?
USCIS I-140 filing fee ($715) + optional premium processing ($2,805) + LegalOS flat fee from $2,999. No hourly billing, no surprise invoices.
Does my spouse or child get a green card too?
Yes. Your spouse and unmarried children under 21 qualify as derivative beneficiaries and receive the same priority date.
What happens after my I-140 is approved?
If you’re in the U.S. and a visa number is current, you file Form I-485 for adjustment of status. Otherwise, you complete consular processing in your home country.

Still have questions?

Can’t find the answer you’re looking for? Chat with our team or book a free NIW strategy call.