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EB-2 national interest waiver

The EB-2 national interest waiver lets you petition for your own green card with no employer, no job offer, and no labor certification. USCIS may waive those requirements when your work has substantial merit and national importance, under the three-part test set out in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

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The forms
I-140I-485I-765I-131
Who files itYou — with our software
Technology feeShown before you pay

The forms

What's in the packet

I-140

The immigrant petition for a worker — the employment-based green card petition.

I-485

The green card application itself — registering permanent residence from inside the U.S.

I-765

The work permit application, so you can work legally while your case is pending.

I-131

The travel document application — advance parole while a case is pending, or a re-entry permit.

Why this route

Why people choose it

No employer needed

You sponsor yourself. There is no job offer to secure and no company whose plans your green card depends on.

No PERM process

You skip the Department of Labor market test, which is the step that adds most of the waiting to an employer-sponsored green card.

Work flexibility

You can change jobs, start a company, or work independently, as long as you continue in the field your petition described.

Your family is included

Your spouse and unmarried children under 21 can get green cards on the same petition.

Requirements

What you have to show

There are two layers, and you must satisfy both. The first is the EB-2 category itself; the second is the waiver.

Qualify for EB-2

  • An advanced degree: a U.S. master’s or higher, or a foreign equivalent, or a bachelor’s degree plus five years of progressive experience in the field.
  • Or exceptional ability: expertise significantly above the ordinary in the sciences, arts, or business, evidenced against the criteria USCIS publishes.

Meet the three Dhanasar prongs

  • Substantial merit and national importance: the work you propose matters beyond your own employer or city.
  • Well positioned to advance it: your record, skills, and plan show you are the person likely to carry it through.
  • On balance beneficial to waive: it serves the United States to let you skip the job offer and the labor certification.

The steps

How the case runs

  1. Gather your evidence

    Degrees, recommendation letters, publications, patents, citations, press, and anything else showing what your work has achieved and where it is going.

  2. File Form I-140

    Your petition goes to USCIS. Premium processing is available if you want a decision on a fixed clock.

  3. Wait for your priority date, then file Form I-485

    Once the I-140 is approved and your priority date is current on the Visa Bulletin, you apply to adjust status to permanent resident.

How it works

How your petition gets built

  1. You answer simple questions

    In English, Spanish, or Portuguese. The software puts your answers on the official USCIS forms.

  2. Your packet comes together

    Your evidence is sorted into a numbered exhibit index, and every field, signature, and document is checked for completeness.

  3. You file it

    Download the assembled packet and file it yourself — or have an independent licensed attorney review and file it for you.

Pricing

What it costs

Your exact technology fee depends on your petition type and is shown during the free eligibility check, before you pay anything. USCIS filing fees are set by the government and paid by you directly to USCIS.

Questions

Common questions

Can I get a work green card without an employer?

Yes — the EB-2 national interest waiver is an employment-based green card with no employer needed, one of the self-petition paths. The free check shows what a case like yours involves.

Does my employer have to file for me?

It depends on the petition. The self-petition paths need no employer. Petitions like the H-1B or L-1 are submitted by an employer, so they are not sold as self-help drafts here — each of those pages explains the path.

Can investors get a visa or green card?

There are two routes: the E-2 treaty investor visa (a visa, not a green card) and the EB-5 investor green card, which involves an $800,000 investment and needs an immigration lawyer. Each page explains the path.

See all questions

Go deeper

More detail

RequirementsWho qualifies?CostHow much does it cost in total?TimelineHow long does it take?DocumentsWhat documents do I need?ProcessWhat are the steps?InterviewWhat happens at the interview?FAQCommon questions

Sources

EB-2 national interest waiver

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