EB-2 NIW visa: What it is and how to apply

The EB-2 NIW visa is a unique opportunity for highly-skilled individuals to secure a green card and work in the United States without having to deal with traditional employment-related immigration obstacles. 

The U.S. designed this visa to attract professionals whose work contains substantial merit. It’s tailored for researchers, entrepreneurs, and professionals in critical fields who can benefit the country’s national interests through their work.

This guide breaks down EB-2 NIW requirements, the application process, and key benefits of the visa. Learn more about how you might be able to sidestep stages that are holding you back from residency in the U.S. 

What is an EB-2 NIW?

To understand an EB-2 NIW, you’ll need to know what an EB-2 visa is. The EB-2 visa is a second-preference employment-based visa, which usually requires a job offer from a U.S. employer and a permanent labor certification (PERM) from the U.S. Department of Labor to secure. The NIW (National Interest Waiver) removes both these requirements. Together, they are called the EB-2 NIW or EB-2 NIW visa.

You can apply for the EB-2 NIW without a job offer, PERM labor certification, or proof that no other workers in the U.S. are qualified for your role—as long as you can demonstrate that your work furthers broad national interests.

Scientists and researchers in areas such as public health and national security often apply for the EB-2 NIW. It’s also one potential pathway for entrepreneurs who wish to start companies that can grow the U.S. economy, or for arts professionals who do work that promotes cultural advancement in the country.

EB-2 NIW vs. EB-1 visa vs. EB-2 visa 

There are several visa programs in the U.S. that use employment as a way to determine eligibility, such as the H1-B and a category of visas called employment-based immigrant visas. Employment-based immigrant visas, which all start with the letters EB, use employment status as a way to begin an individual’s immigration process into the United States. In total, there are five kinds of EB visas, including the EB-1 and EB-2. EB-2 NIW is an adjustment to the standard EB-2 visa.

The EB-1 visa is reserved for individuals with “extraordinary ability,” such as renowned professors, researchers, or well-regarded international corporate executives. While this visa does require employment with a U.S. company or university, applicants don’t need PERM labor certification.

The standard EB-2 visa is similar to the EB-1 visa, but requires both a job offer and PERM labor certification. When you apply for this visa, you can request the NIW, creating the combination called the EB-2 NIW. 

The EB-2 NIW visa has fewer prerequisites than the EB-1 visa, as long as you satisfy the “national interest” requirement. 

EB-2 NIW visa eligibility criteria

The NIW removes some requirements from the EB-2 visa, but it still comes with some eligibility criteria: 

• An advanced degree: You must hold a master’s degree or higher (or a bachelor’s degree and over five years of experience in your field). You must prove your credentials with an official academic record. 
• Exceptional ability above what is usually seen in their field: “Exceptional ability” sounds objective, but needs to be demonstrated in the sciences, arts, or business fields through academic and professional excellence and recognition of your extraordinary achievements. 
• Demonstrate substantial merit and national importance: The work you plan to carry out has to broadly impact the U.S. (at least in theory). Your endeavor should benefit more than one company or region of the country and advance the economy or areas of national concern, such as cybersecurity. 

Essentially, visa applicants requesting the NIW must convince the U.S. government that it’s worth it for the country to waive the job offer and PERM labor certification requirements of the standard EB-2 visa. If the government isn’t persuaded by your case, the NIW may be denied. 

Benefits of the EB-2 NIW visa

Compared to other avenues for U.S. immigration, the EB-2 NIW visa provides several benefits:

• No PERM certification required: The PERM labor certification requires applicants to prove that no U.S. worker can fill this role. When you request the NIW waiver as part of the EB-2 visa process, you skip what’s often a time-consuming obstacle. 
• No employer sponsorship needed: You can apply for the EB-2 NIW visa on your own, so visa sponsorship isn’t tied to one company, removing concerns over what might happen if you part ways with your employer. 
• Flexibility for entrepreneurs: The national interest waiver gives applicants the flexibility to change employers and launch multiple ventures on their own. For people looking to start their own business in the U.S., this also means they won’t have to worry about the extra details of starting a business from abroad. 
• Direct path to a green card: Once approved for an EB-2 visa (with or without the NIW), you can pursue permanent residency. Because the EB-2 visa falls within the immigrant visa category and provides a clear pathway to permanent residency, you can skip the non-immigrant visa process—something many other workers must do prior to applying for a green card. 

4 steps to apply for an EB-2 NIW visa

Once you’ve determined the EB-2 NIW is the best option for you and gathered your supporting evidence, it’s time to apply for your visa. There are four stages in the EB-2 NIW visa application timeline:

1. File Form I-140: Submit Form I-140 (Immigrant Petition For Alien Worker) with evidence that you meet the EB-2 visa requirements to U.S. Citizenship and Immigration Services (USCIS).
2. Provide supporting evidence: Use official academic transcripts, research papers or patents, recommendation letters, and similar documentation to meet qualifications for the NIW and strengthen your application.
3. USCIS reviews National Interest Waiver criteria: Wait while USCIS reviews your case to see if you qualify for the NIW. They’ll assess the evidence you provided in step two to determine if your work and project has considerable merit, if you have what it takes to carry it out, and if it’s worthy of a PERM labor certification exception. Generally, this step takes anywhere from six to 18 months, but has been longer in 2025 with an average of 13 to 18 months waiting time. 
4. Proceed to status adjustment or consular processing: Once USCIS approves your Form I-140, you can proceed with status adjustment if you’re in the United States or complete consular processing if you’re abroad.

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FAQ

How can employers support the EB-2 NIW visa process?

While individuals can self-petition for the EB-2 NIW visa, letters and other documentation for visa support from current or former employers may push the needle for the decision. These letters can prove their work is of national importance and that they’re equipped to advance your endeavor. If the applicant is someone you’ve extended an offer letter to, they won’t necessarily need an NIW.

How long does the approval process take?

EB-2 NIW processing time varies, but can take anywhere from six to 18 months. Status adjustments and consular processing can add additional time—usually several months, but sometimes more than a year. To speed up the I-140 review, EB-2 applicants can go with premium processing for an additional $2,805 charge (as of 2025), guaranteeing a decision within 45 calendar days. 

How much does the EB-2 NIW visa cost?

As of 2025, the Form I-140 filing fee is $715. However, document gathering, translation, and authentication bring additional costs. Add in adjustment of status, consular processing, and premium processing forms and fees for a total of $2,000 to $6,300. If you opt for legal assistance, the total cost can be as high as $10,000. 

Is it difficult to get an EB-2 NIW?

After an approval rate of 96% in 2022, EB-2 NIW approvals dropped considerably in 2024 and 2025 to 72% and 61%, respectively. 2022 had a significant increase in the number of EB-2 NIW applicants, followed by closer USCIS scrutiny of National Interest Waiver requests, which caused this drop. While this visa option is still a very viable pathway to the U.S., applicants must clearly articulate their exceptional abilities and that their work is of substantial merit and national importance.