Key takeaways

1. The EB-2 National Interest Waiver (NIW) can allow qualifying professionals with an advanced degree or exceptional ability to seek US permanent residence without the usual job offer and labor certification requirement.  

2. Applicants must first qualify for the underlying EB-2 category and then demonstrate that their proposed endeavor has substantial merit and national importance, that they are well positioned to advance it, and that waiving the job offer requirement would benefit the United States.  

3. The process typically involves preparing Form I-140, assembling supporting evidence, and responding to any requests for additional information. The objective is to establish both EB-2 eligibility and the case for a National Interest Waiver.  

Guide overview

The guide explains the EB-2 NIW process from the initial eligibility assessment through preparation of the Form I-140 petition and supporting documentation. It covers the evidence commonly used to demonstrate the importance of the proposed endeavor and the applicant’s ability to advance it. It also outlines what happens after an approved I-140, including adjustment of status or consular processing where applicable, and why applicants should continue monitoring priority dates and the US Department of State Visa Bulletin.