Do I need a job offer or an employer to sponsor me?

No. The EB-2 NIW is a self petition, so you file for yourself with no employer, no job offer, and no PERM labour certification. That means you are not tied to one job and can change roles or work for yourself, as long as you keep working in the field described in your petition.

What is the National Interest Waiver test?

It is a three part test from a case called Dhanasar. You show that your proposed endeavour has substantial merit and national importance, that you are well positioned to advance it, and that it would benefit the US to waive the job offer and labour certification. Your proposed endeavour is the specific work you plan to continue in the US.

Do I qualify with a degree from outside the US?

Yes. Foreign degrees are accepted through a credential evaluation, which weighs your qualification against a US one. Experience gained anywhere in the world counts too, as long as it is relevant to your field and your endeavour.

Is the EB-2 NIW only for IT and tech people?

No. It is open to the sciences, business, healthcare, the arts, and more. Critical and emerging fields such as AI, cybersecurity, biotech, and clean energy are a current focus, but any field can qualify if the work serves the national interest.

Do I need published research or papers?

Not always. Publications matter most for research based endeavours. For a non research case, a strong record, recommendation letters, a portfolio, and a clear plan can carry the argument. The evidence you need depends on your proposed endeavour.

How long does the EB-2 NIW take?

With premium processing the I-140 petition is decided in about 45 business days. After that you wait for your priority date to become current on the visa bulletin, which can be a year or more depending on your country of birth, and longer for applicants born in India or China. The green card stage then takes roughly 8 to 18 months.

How much does the EB-2 NIW cost?

Government fees include around $715 for the I-140 and a reduced $300 asylum program fee, with optional premium processing at around $2,965. The green card stage is around $1,440 for I-485 or $345 per person for DS-260. Legal help, if you use it, is often $5,000 to $15,000. Fees change often, so treat any figure as a guide.

Can my family come with me?

Yes. A legally married spouse and unmarried children under 21 get permanent residency alongside you. Your spouse can apply for a work permit and then work for any US employer, and children can study. Each family member pays their own fees.

Can I apply from outside the US?

Yes. The EB-2 NIW is open to all nationalities. If you are abroad you apply through consular processing with Form DS-260 and an interview at a US embassy. Your wait depends on your priority date and country of birth.

Does the EB-2 NIW lead to citizenship?

It is a green card, so it is permanent residency from the start. After five years as a permanent resident, or three years if you are married to a US citizen, you can apply to naturalise as a US citizen, subject to the usual presence, character, and test requirements.

Does eMigr8 give legal or immigration advice?

No. We give coaching, profile review, and guidance to help you prepare. We do not give legal advice or immigration consultation. For the petition itself and legal questions, we can connect you with immigration professionals in our network.

US EB-2 NIW Visa

The EB-2 National Interest Waiver lets skilled professionals apply for a US green card on their own, without a job offer and without the labour certification (PERM) most routes require. You file the petition for yourself, so you are not tied to an employer.

Who it is for

Software, data, AI, cybersecurity, research, healthcare, biotech, and clean energy professionals, and founders, with a master's or PhD, or a bachelor's plus at least five years of experience. You show your work is in the US national interest using the three-prong Dhanasar test.

Costs, timelines and family

Government fees include around $715 for Form I-140 and a reduced $300 asylum program fee, with optional premium processing near $2,965. The green card stage is around $1,440 for I-485 or $345 per person for DS-260. Your wait for a green card depends on your priority date and country of birth. A spouse and unmarried children under 21 join as permanent residents, and the spouse can apply to work.

How eMigr8 helps

Profile and endeavour review, help shaping a strong proposed endeavour, a clear evidence roadmap, and coaching from people who know the US routes. eMigr8 provides coaching and guidance, not legal advice or immigration consultation.