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19 min read

EB-2 NIW: Get a US Green Card Without a Job Offer or Sponsor

Immigration

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Author

Jemima Owen-Jones

Last Update

July 17, 2025

Table of Contents

What is an EB-2 national interest waiver (NIW)?

What are the advantages of the EB-2 NIW?

Who qualifies for an EB-2 NIW?

What is the application process for the EB-2 NIW

What happens after approval of the EB-2 NIW

Boost your visa chances with Deel Immigration

Key takeaways
  1. The EB-2 NIW has become a popular way to obtain a green card due to its fast processing times and high approval rate. You don’t need a job offer or a sponsor to apply.
  2. Applicants must either hold an advanced degree or demonstrate extraordinary ability in the sciences, arts, or business. Their work must also have substantial merit and national importance, justifying a waiver of the job offer and labor certification requirements.
  3. Deel Immigration helps you get approved faster by eliminating delays and errors on your end. It provides real-time case tracking, centralized document management, dedicated support, and more.

The EB-2 NIW offers a direct path to a green card and permanent residency in the US without employer sponsorship. It’s an ideal option for professionals with advanced degrees or exceptional abilities.

You might question your chances of success given the high standards, including the requirement that your work serve the national interest of the US. But approval rates tell a different story. More than 80% of applicants are approved each year. With the right support, your chances are strong.

Deel Immigration brings together expert legal guidance and AI-powered tools to help you get it right the first time. Our in-house team has supported professionals like you through the EB-2 NIW process, with a 98%+ approval rate to show for it.

We guide you step by step, from building a strong case and submitting the right documents to tracking every deadline and cost. You’ll always know what’s next and feel confident about the process.

Here’s what to expect and how Deel can help you secure permanent residency through the EB-2 NIW.

What is an EB-2 national interest waiver (NIW)?

The EB-2 NIW is a type of immigrant visa that foreign nationals can use to apply for a US green card. It stands for ‘employment-based visa, second preference with a national interest waiver.’

Unlike work visas, the EB-2 NIW doesn’t require an employer sponsor. You can petition directly to the US citizenship and immigration services (USCIS) if you can show that your expertise will significantly benefit the US.

Immigration officials then waive the job offer and labor certification requirement, which means they can process your application faster.

While the criteria may sound challenging to meet, the EB-2 NIW has a high approval rate. It’s become an increasingly popular way for foreign specialists to obtain permanent residency in the US. Since 2018, the number of applicants has climbed from just over 8000 to around 40,000 per year.

Leveraging the expertise of immigration experts like Deel makes your chances of approval even higher. Our experienced immigration team provides hands-on, tailored support. We treat each case as uniquely as it deserves to ensure a compelling petition. That approach has helped us maintain a 98% approval rate.

Deel Immigration clients are often surprised by how easily they can get the waiver.

I almost fell off my chair finding out my EB-2 NIW was approved.

David Obasiolu,

CEO and co-founder, ChowVerified

Work From Anywhere
Unlock your global adventure with our global visa services
Whether you want to live in Spain for 6 months or relocate permanently to the US, we manage everything—from your application to consulate appointments—so you can focus on your project, not the paperwork.

What are the advantages of the EB-2 NIW?

There are many benefits to the EB-2 NIW, but the main attraction is the job offer waiver.

Unlike many employment-based visas, the EB-2 NIW allows you to apply without securing a job offer first. Instead, you must:

  • Prove you have a worthwhile endeavor, which could be with a US company or your own business
  • Prove you are well-positioned to advance your proposed endeavor

Because the NIW is a self-petition process, it gives you more flexibility and control. You don’t have to wait for your employer to send you documents or complete their forms. There’s also less risk of delays or disruptions if the employer changes plans or withdraws their offer.

Additionally, the EB-2 NIW eliminates the lengthy labor certification process, which verifies that no qualified US workers are available for the position. According to the Department of Labor (DOL), the average processing time for this process is 500 days—around a year and a half.

Once approved for the EB-2 NIW, you become a lawful permanent resident of the US. You can live and work anywhere in the country without time restrictions.

This visa also extends to dependents, specifically your spouse and any children under the age of 21.

Bringing your family is a major advantage, but it can complicate your relocation. Between securing the right documentation for your dependents and coordinating the move itself, there’s a lot to manage. Deel helps simplify the process.

We ensure your family’s paperwork is in order and connect you with trusted relocation partners. You’ll recieve discounted rates for housing, school placements, and healthcare. From immigration to settling in, every step is covered.

Get support navigating US residency at our webinar

Ideal for both individuals and employers, this essential webinar will help you master securing permanent US residency through the EB-1A or EB-2 NIW.

Watch our on-demand webinar and unlock your path to a US green card.

See also: EB-2 NIW: Self-Petition Visa for Exceptional Talent Explained

Who qualifies for an EB-2 NIW?

We can split the criteria for the EB-2 NIW into two categories: what qualifies you for the employment-based classification and the national interest waiver. We’ll explore the visa requirements and the evidence you need to provide for each.

Have doubts about your eligibility?

Deel is the top US immigration provider helping customers get approval for a range of employment-based visas. We can confirm you meet the criteria or suggest the next best alternatives.

Learn more about the different types of work visas that Deel supports.

Requirements for the EB-2 visa category

To be eligible for the EB-2 category, you must have an advanced degree or outstanding ability in the sciences, arts, or business. Meeting either of these conditions is usually straightforward, as USCIS recognizes a wide range of qualifications and experience.

Here’s a breakdown of the eligibility criteria and how you can prove you meet them based on two different paths.

Path Requirements Evidence
Advanced degree A US master’s degree or foreign equivalent OR A bachelor’s degree or foreign equivalent plus five years of relevant experience OR A doctoral degree or foreign equivalent if that’s typically required for the job Official academic documentation If required, letters from former and current employers to prove you have five years of experience in your field
Exceptional ability Expertise beyond what’s typically expected in either the sciences, arts, or business Any 3 of the following: Official academic records related to your field of expertise A professional license Evidence of membership in a professional association Letters from current or former employers proving over 10 years of experience in your field Proof of national or international acclaim, such as awards, honors, or grants Financial records showing you’ve been paid for your exceptional expertise

Before applying, check whether your level of education meets the requirements. Some foreign qualifications seem equivalent, but have important differences. For example, a typical Master’s course in the UK only lasts one year, but it takes two years in North America.

An experienced immigration attorney can help you here. If you’re using Deel Immigration, our in-house legal team brings localized expertise to the table. They’ll review your work experience and assess your qualifications based on both US standards and your home country’s education system, ensuring you’re on the right track.

I had a great experience working with [Deel Immigration]! The [Deel Immigration] team was very professional, supportive, and a joy to work with. I would highly recommend [Deel Immigration] to any entrepreneur who is looking into getting a US EB-2 NIW visa!

Liliana Nordbakk,

TreBiome Inc.

Requirements for the national interest waiver

To qualify for a waiver, USCIS says your work must meet three conditions (known as ‘prongs’) under the Matter of Dhanasar:

  1. Your work is of national importance to the US
  2. You’re the best person to perform the work
  3. The US would benefit from expediting your visa

These criteria are intended to be general and cover a wide range of ventures. As a result, USCIS doesn’t provide a checklist of supporting documents and judges each applicant on a case-by-case basis. However, they suggest some evidence you could include:

  • A detailed job description or business plan
  • Any qualifications beyond your degree
  • Intellectual property, such as patents, trademarks, and copyrights
  • Data showing the progress you’ve already made in your field
  • Letters of recommendation from partners, clients, and employees that demonstrate you're among the top in your field
  • Published reports or articles highlighting your accomplishments
  • Copies of contracts or agreements
  • Evidence of investor or government funding

For instance, a renewable energy expert might submit a detailed project proposal, technical drawings of solar panel prototypes, and patents for their technology. They could also include a comparative analysis showing how the output from their farms would be higher than current US standards.

You have stronger chances if you’re working in an area of national interest with high demand. For example, the fastest-growing occupations in the US are currently wind turbine technicians, solar technicians, and nurses.

Collating your evidence can take several weeks, especially without expert guidance.

With Deel Immigration, you get a dedicated case manager and access to an in-house legal team. They review your materials, identify the strongest documents, and help you draft persuasive reports or proposals aligned with USCIS standards.

We also structure and label your paperwork properly to ensure a clear, compliant application.

See also: US Work Visa Updates to Watch Under the New Administration

What is the application process for the EB-2 NIW

Although the EB-2 NIW has a high approval rate, you need to plan ahead for a smooth application process. Here are the steps you’ll need to take:

  • Complete the I-140 form: Usually, the employer handles some of the I-140 (immigrant petition for alien worker). As you’re waiving the need for a sponsor, fill in their portion of the form with your own details. USCIS states you must give your job title, SOC code, and job description in part 6 at a minimum

  • Attach supporting documents: You must submit any paperwork with form I-140. If you’re posting a lot of documents, USCIS asks you to label each piece of evidence and state whether it supports the visa, the waiver, or both

  • Pay the fees: The current filing fee for the I-140 form is $715, plus an Asylum Program fee of $300. You can pay via check, money order, or credit card transfer

  • File forms: You can submit the I-140 petition at any time during the year. Post the form to the USCIS address for the state you intend to work in

  • Track your progress: When USCIS receives your application, they’ll send you a receipt notice with a number. Use this to track your status visa on the government portal. If immigration officials need any extra information, they’ll contact you directly

  • Await the verdict: If USCIS approves your EB-2 NIW, they’ll send you a notice called I-797 to the address you gave on your application

The entire I-140 application process should take between four to six months. There’s the option to pay an additional fee of $2,805 for premium processing and reduce that time to just 45 days.

Deel Immigration ensures a seamless visa process. To keep you on track, we’ll guide you through every form and fee to help you avoid common pitfalls. You can book one-on-one support whenever you need it.

Our team submits your application, coordinates any required appointments, and manages all follow-ups with consulates. All documents are securely stored on a centralized platform, with in-app updates that let you track progress in real time.

[Deel] has made my immigration journey incredibly easy and stress-free. Moving your business to the United States is challenging, and it can be especially overwhelming when you have to figure out how the immigration process works from scratch. [Deel] has all the qualities of an agile and modern startup and the expertise and talent of a large firm.

I had my O-1 and later my EB-2 visas approved with no issues and [Deel] did all the heavy lifting. Highly recommend.

Sofia Quintero,

EnjoyHQ (Acquired by UserZoom)

See also: What is the Difference Between Form I-140 and Form I-485?

What happens after approval of the EB-2 NIW

Once USCIS has approved your I-140, you still have to apply for permanent residence. While you’ve established your eligibility for an employment-based visa, you must also pass background checks.

If you’re in the US, you can apply using form I-485 (Application to Register Permanent Residence or Adjust Status). If you’re outside the US or plan to leave, you must undergo consular processing at a US embassy or consulate in your home country.

The I-485 petition has a high approval rate, especially for employment-based categories. In fact, immigration data from the US Department of State shows that admissions for EB-2 visas are at an all-time high. All you need to do is ensure you submit the correct paperwork and attend any appointments.

The first step is to check your priority date, which is when USCIS received your petition. You’ll find this on your I-797 notice.

Then look at the visa bulletin to see whether processing is available for your category and nationality. Scroll down the page to the section called ‘dates for filing of employment-based visa applications’ to find your table. If your priority date is earlier than the one listed, you can begin filing the I-485 form.

Here’s an in-depth guide on how to read and understand the visa bulletin.

As well as filing the form, you’ll be required to:

  • Attend an interview with an immigration official
  • Arrange a medical check at a USCIS-approved health center
  • Undergo a criminal record check and give your biometric data
  • Pay filing fees of $1440

You can monitor the progress of your application via the USCIS case status page. You’ll need your receipt number, which you will also find on your I-797 notice. The average processing time is between 10 and 20 months.

As soon as USCIS approves your petition, you become a permanent resident. You’ll receive your physical card in the post via the US postal service.

Deel simplifies this process by turning it into a clear, step-by-step checklist**.** Everything is centralized in your dashboard, from the EB-2 NIW petition to your permanent residence application, so you always know what comes next.

Our AI-powered platform sends personalized reminders for key milestones like medical exams and biometric appointments, and flags errors before submission to help you get it right the first time.

We leave everything in Deel's hands...but it is good to have transparency and a lot of visibility as to how the case is developing.

Valeria Rosati,

HR Operations Lead at Taktile

See also: How Long Does it Take to Get a US Work Visa Approved?

Boost your visa chances with Deel Immigration

Securing a Green Card without a US employer has never been easier. Approval rates are high, and there’s a wealth of resources to help you with the process. Deel simplifies it further by providing end-to-end immigration support, including guidance for your family’s applications and relocation services to help you settle in smoothly.

Deel’s team of immigration experts offers personalized support throughout your application to maximize your chances of success. We help you build a strong case for your proposed endeavor so you can clearly demonstrate your merit.

Our platform keeps all your documents in one secure place. Real-time alerts and notes from your case manager keep you informed about your application’s progress, upcoming steps, associated costs, and expected timelines. It’s this level of structure and visibility that helps reduce delays and sets you up for a smoother immigration journey.

Book your free consultation with the Deel Immigration team to see how we can support your Green Card application.

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About the author

Jemima is a nomadic writer, journalist, and digital marketer with a decade of experience crafting compelling B2B content for a global audience. She is a strong advocate for equal opportunities and is dedicated to shaping the future of work. At Deel, she specializes in thought-leadership content covering global mobility, cross-border compliance, and workplace culture topics.

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