EB-2 NIW green card in the USA — National Interest Waiver
EB-2 NIW green card (a waiver in the national interest of the USA) — self-sponsorship without an employer. For specialists with an academic degree or exceptional skills.
- The NIW suits people who can show their work matters substantially to the USA without being tied to a particular employer: scientists, engineers, doctors, entrepreneurs and other professionals with an advanced degree or exceptional ability
Who it suits
- The NIW suits people who can show their work matters substantially to the USA without being tied to a particular employer: scientists, engineers, doctors, entrepreneurs and other professionals with an advanced degree or exceptional ability
- Specialists with an academic degree or exceptional skills
- Those who can justify the significance of their work for the USA without a sponsoring employer
The applicant files the I-140 petition for themselves — no sponsoring employer and no job offer are needed
The terms the expert works on
Prepares the documents and evidence file personally
Assembles and formats the whole package — from forms to achievement evidence for the petition — so it does not come back for rework.
Checks the case against USCIS requirements
Matches the documents to the specific visa category's criteria before filing, not after a denial.
Handles a Request for Evidence at no extra charge
If USCIS sends an RFE on the petition, prepares the response without an additional fee for the case itself.
A US immigration attorney runs the case
The petition is prepared and filed by a lawyer practising US immigration law, not an unlicensed consultant.
Names the price at the consultation, before work starts
The cost is quoted right after the case review — before the petition is drafted — and is not revised upward later, whatever happens along the way.
Matches the category to your profile
If the facts do not support one visa category, proposes the one the case actually fits, rather than forcing the filing into the category you asked for.
Deals with USCIS and the consulate directly
Responds to the agency's requests and prepares you for the interview personally, with no chain of intermediaries.
Residence permit in the US: comparing the options
The difference is not the price — it is who each option suits. The “Best for” column is the business profile the option is built around.
| Option | Best for | Timeline | Price |
|---|---|---|---|
| F-1 student visa in the USA — School selection + I-20 + preparation | Applicants and students enrolling on a full-time programme in the USA, those who need help choosing an accredited school and arranging the I-20 | 1–4 months | from $1,190 |
| E-2 visa in the USA — Investor visa | Entrepreneurs who are citizens of countries with a treaty with the USA and are ready to run the business themselves, investors who have already invested, or are ready to invest, capital in an operating enterprise in the USA | 1–4 months | from $8,000 |
| L-1 visa in the USA — Manager transfer | Managers and key employees of companies opening an office or a branch in the USA, businesses with an existing related structure abroad and in the USA | 1–4 months | from $12,000 |
| O-1 talent visa in the USA | Academics, artists, athletes and entrepreneurs recognised in their field, those who already have a US employer or agent ready to file the petition | 1–4 months | from $12,500 |
| EB-1A green card in the USA — Extraordinary abilities | Academics, entrepreneurs and professionals with international recognition, those who can evidence extraordinary achievements without a sponsoring employer | 4–6 months | from $12,500 |
| EB-2 NIW green card in the USA — National Interest Waiveryou are here | Specialists with an academic degree or exceptional skills, those who can justify the significance of their work for the USA without a sponsoring employer | 4–6 months | Upon consultation |
What the service includes
| Assessment against the National Interest Waiver criteria | |
| Preparing the I-140 petition and the national interest justification | |
| Running the case through to the USCIS decision | |
| The USCIS filing fee for Form I-140 and the Asylum Program Fee— billed separately | |
| Premium processing on Form I-907 (optional, for a separate fee) |
Official terms
Financial requirement
- No sponsoring employer is needed: you file the I-140 petition for yourself and pay the fees yourself
- The base fee for Form I-140 is $715, and the Asylum Program Fee is charged separately — reduced to $300 for a self-petitioning NIW applicant
- USCIS waives labour certification (PERM) along with the job offer requirement, so there's no cost for it
- Premium processing on Form I-907 is bought separately and costs $2,965
Timelines and rights
Review time
- The applicant files the I-140 petition with the NIW request directly with USCIS, without an employer and without prior Department of Labor labour certification
- For classification E21 (NIW), paid premium processing on Form I-907 is available with a 45 business day decision — longer than the 15 days for other EB-2 categories
- After that comes the Visa Bulletin queue
Right to work
A permanent resident who got their green card through the NIW works for any employer or for themselves, with no tie to a particular post or sponsor. While the I-485 application for permanent resident status is pending, work in the USA is allowed by a separately filed Form I-765 for employment authorisation.
Residence conditions
Naturalisation requires at least five years of continuous residence as a permanent resident and physical presence in the USA for at least 30 months of those five years. You must also have lived at least three months in the state or USCIS district where the citizenship application is filed.
Documents and programme requirements
- 1International passport
- 2An academic degree above bachelor's level or documents evidencing exceptional ability
- 3A justification that the applicant's work is of substantial significance for the national interests of the USA
What comes next: permanent residence and citizenship
Route to permanent residence
Yes — EB-2 NIW is a second preference immigrant category that leads directly to US permanent resident status (a green card), not to temporary work status
Route to citizenship
After five years of holding a green card you can file Form N-400 for naturalisation, provided you were physically present in the USA for at least 30 months of those five years. For spouses of US citizens the term drops to three years of permanent residence, living with the citizen spouse and physically present for at least 18 months of those three years.
Frequently asked questions
What does National Interest Waiver mean in the name EB-2 NIW?
Who can apply for the EB-2 NIW?
How much are the USCIS filing fees in this category?
How long is an EB-2 NIW petition considered?
How does the EB-2 NIW differ from the EB-1A?
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