Green Card / Side paths
EB-2 NIW: the national interest waiver
A self-petition in EB-2 that skips PERM if your work benefits the US. The three-part Dhanasar test and who it suits.
The national interest waiver (NIW) lets EB-2 applicants skip the job offer and PERM steps. You file the I-140 yourself.
Basic EB-2 eligibility
You need an advanced degree (a master’s, or a bachelor’s plus five years of progressive experience) or “exceptional ability” in your field.
The Dhanasar test
Since 2016 USCIS uses three questions:
- Does your proposed work have substantial merit and national importance?
- Are you well positioned to advance it (education, record, plans, support)?
- On balance, would it benefit the US to waive the job-offer requirement?
Who it suits
Researchers with publications and citations, engineers working on areas of national interest, and founders with traction. Strong letters from independent experts matter a lot.
The catch for India and China
An NIW puts you in the same EB-2 queue as everyone else from your country. It doesn’t make the line shorter. Its value is independence: the case isn’t tied to one employer, so you can change jobs without restarting.
The good
- No employer or PERM needed; you can self-petition
- Your case follows you across jobs
- Popular with researchers, engineers and founders
The hard
- You still wait in the EB-2 line for your country
- For India, an NIW doesn't shorten the queue at all
- The standard is judged case by case
Recent from immigration lawyers
From independent law firms, newest first. Not reviewed by h1b-life, not legal advice and not an endorsement.
- Can an Approved I-140 Still Help After the Employer Withdraws It?Murthy Law Firm · Nov 11, 2026
- My Child Aged Out of Our Employment-Based Green Card Case: What Now?Reddy Neumann Brown · Nov 11, 2026
- MurthyAudio: Tips for Proactive I-485 FilingsMurthy Law Firm · Nov 6, 2026
- Green Card Options: Does Your Company Do Research? The Green Card Option Most Employers OverlookReddy Neumann Brown · Nov 2, 2026
Sources
- USCIS: Employment-Based Immigration: Second Preference EB-2
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)
- USCIS Policy Manual: National Interest Waivers (Vol. 6, Part F, Ch. 5)
Rules change often. If something here looks out of date, it probably is; check the official source and talk to an immigration attorney about your own case.