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

The EB-2 National Interest Waiver (NIW) visa offers a unique opportunity: the ability to self-petition for US permanent residency without employer sponsorship or labor certification.

The catch? You must show exceptional ability or hold an advanced degree, and clearly prove that your work benefits the national interest.

It also means scrutiny from the US Citizenship and Immigration Services (USCIS), gathering extensive evidence, and navigating immigration laws without a sponsoring employer to guide you.

Deel Immigration provides the expert support you need.

We help you submit a stronger application, backed by legal insight and hands-on assistance. Our immigration experts take care of everything, from collecting and submitting supporting documentation to liaising with government officials and agencies.

This article breaks down the EB-2 NIW process and shows how Deel supports you at every step.

What is the EB-2 NIW visa?

The EB-2 NIW (national interest waiver) visa is a category under the United States employment-based, second preference visa program. Unlike work visas, the EB-2 NIW doesn’t require an employer sponsor.

It allows individuals with exceptional ability in the sciences, arts, or business, or those with an advanced degree, to seek US permanent residency. This is done without a labor certification or a specific job offer from a US employer.

This exemption is provided on the basis that your employment or placement in the US will significantly benefit the nation.

The EB-2 NIW also allows you to include spouses and children as dependents in the application.

See also: O-1 vs EB-2 NIW for Startup Founders and International Students

How can you qualify for the EB-2 NIW visa?

To be eligible for an EB-2 NIW visa, you must either:

• Demonstrate exceptional ability in your field, which can be in the sciences, arts, or business
  or
• Possess an advanced degree in a professional field

In addition to meeting one of the above criteria, you must also show that:

• Your proposed work has substantial merit
• The work has national importance
• Waiving the job offer and labor certification is in the national interest of the United States

Consulting with an immigration attorney before investing time in the visa application process can help you understand your chances and avoid unnecessary effort. Deel provides a free consultation where you’ll receive a free eligibility check and get personalized advice tailored to your profile and goals. You’ll know if you qualify for the EB-2 NIW visa, along with estimated costs and timelines. You can also consult with our immigration experts to explore your next best alternatives.

See also: EB-2 PERM: US Green Card Path for Skilled Workers Explained

How to gauge your suitability for an EB-2 NIW visa

As a petitioner, evaluate your qualifications and eligibility against the USCIS criteria for exceptional ability or advanced degrees.

These are as follows:

Advanced degree

Do you have a Master’s degree or higher? This could be a US or foreign equivalent degree or a baccalaureate with five years of progressive experience.

You’ll need to provide academic records confirming your degree and letters from employers verifying five years of relevant work experience. If the role specifically requires a doctoral degree, you must possess a US or equivalent foreign doctorate.

Exceptional ability

Can you demonstrate exceptional ability in the sciences, arts, or business? USCIS defines exceptional ability as “a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.”

You must also fulfill at least three of the following criteria (or other comparable proofs of eligibility):

• Educational credentials in your area of exceptional ability
• 10+ years of professional experience
• Professional license or certification
• Evidence of a high salary indicative of exceptional ability
• Membership in professional associations
• Recognition for contributions to your field

USCIS will also consider how your potential contributions to your field align with the US national interest goals.

With Deel Immigration, preparing evidence to support your case is easy. Our immigration lawyers have years of experience handling EB-2 NIW visa processing. They review your background, help you identify qualifying achievements, and guide you in gathering the right documentation, so your petition aligns with USCIS standards.

In the case of a standard EB-2 visa, the following employment-related criteria would normally apply:

• A certified Application for Permanent Employment Certification (ETA Form 9089) issued by the US Department of Labor (DOL), unless a blanket exemption applies to the specific occupation or industry sector
• Evidence of the sponsoring employer’s ability to pay the offered wage from the time of filing the petition until the applicant obtains lawful permanent resident status

However, the advantage of an EB-2 NIW visa is that you can apply for a waiver for the above labor-related materials if you can show sufficient urgency within the sector in question.

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

Comparison between EB-2 NIW, EB-2 and the EB-1A employment-based visas

Unlike the standard EB-2 visa (EB-2 PERM) categories, the EB-2 NIW has no labor certification requirement. The labor certification process typically involves proving that no qualified US workers are available for the intended position, which can be lengthy.

Waiving the labor certification facilitates a quicker and less cumbersome pathway for qualified immigrants. Here’s how the EB-2 NIW visa differs from the superficially similar EB-1A and EB-2 visas.

All three visas provide a path to US permanent residency, targeting skilled individuals who can contribute significantly to the US economy and society.

See more: Self Petitioned Green Cards: EB-1A and EB-2 NIW

What are the main benefits of the EB-2 NIW Visa?

The primary benefit for individuals is the ability to seek US residency without a sponsoring employer. This enhances job mobility and career stability in the US.

For organizations, the EB-2 NIW removes the hurdle of the labor certification process. It allows them to employ foreign experts and professionals more readily, which can be crucial for sectors where specific expertise is scarce.

Here are some examples of sectors where the USCIS has issued significant numbers of EB-2 NIW visas:

• STEM fields: The USCIS has preferred approving EB-2 NIW visas for applicants with advanced degrees and exceptional abilities in STEM (science, technology, engineering, and mathematics) areas. This focus aligns with national goals to promote technological and scientific innovation​ (Source: Donoso & Partners, LLC)
• Healthcare: During the COVID-19 pandemic, there was a notable increase in EB-2 NIW approvals for healthcare professionals. This included those involved in critical areas such as disease diagnosis, treatment, mental health, and public health logistics. Recognizing these professionals under the EB-2 NIW visa underscores their critical role in addressing national health emergencies and maintaining public health​ (Source: Colombo & Hurd, PL)
• Environmental science: Environmental scientists, especially those involved in climate change research, sustainable development, and environmental conservation, have also benefited from the EB-2 NIW visa. Their work, which often has significant implications for national policies and practices, has been deemed of substantial merit and national importance

It’s important to note that trends in labor requirements shift over time, so the recent preferences listed above may not hold. It’s always worth applying if you feel your experience and expertise suit this visa category.

See also: EB2 vs EB3: EB-2 and EB-3 Immigrant Categories Compared

What is the application process for the EB-2 NIW visa?

You must submit Form I-140 (immigrant petition for alien worker) to USCIS, accompanied by substantial evidence of your eligibility and the national interest waiver.

If the I-140 petition is approved and a visa number is available, you can then file for an adjustment of status to permanent resident using Form I-485. If outside the US, you can proceed with consular processing.

With consular processing, you will have to attend an appointment at your local US embassy or consulate with the evidence listed above.

Normally, an EB-2 NIW visa application could take up to a year to complete. However, premium processing is available for a higher fee and reduces this timescale to a maximum of 45 days.

Deel Immigration provides end-to-end support throughout your visa application. We guide you through each form and filing fee, helping you avoid delays and prevent errors that could derail your petition. Any time you’ve got a question, you can arrange a meeting to get one-on-one support.

Our immigration experts handle all the paperwork, manage communication with USCIS, and support consular visa stamping if you’re applying from outside the US.

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

How to provide evidence for national interest

Evidence should be convincing and demonstrate that your contributions to your respective field have national significance and could substantially benefit the US. Such evidence could include (but is not limited to):

• Documentation of groundbreaking research
• Innovative contributions to industry
• Significant academic publications
• Endorsements from government entities or major businesses.

Where possible, cite publicly available sources and include written supporting documents that verify your claims.

Compiling this evidence can be time-consuming and complex. With Deel, it becomes a hands-off process managed by immigration lawyers and attorneys experienced in US visa processing.

We guide you on which materials will best support your case and help you draft compelling business plans, reports, or proposals. We also ensure your paperwork is properly categorized and labeled for USCIS submission.

How the EB-2 NIW visa impacts global hiring and workforce management

This visa category supports companies’ strategic talent acquisition goals, especially in high-tech, academic, and other specialized sectors. By providing support for this visa category, companies can strengthen their ability to attract top global talent, help fill critical skill gaps, and contribute to the US economy.

See also: The EB-1 vs EB-2 Explained

Strategies to enhance application success

There are several steps you can take to build a strong case and give it a higher chance of success, including:

• Gathering detailed evidence of your qualifications and contributions
• Demonstrating how your work benefits the US national interest
• Obtaining expert endorsements from peers or colleagues
• Engaging an experienced immigration attorney to structure and present your case effectively
• Using technology to track your application and avoid delays or costly errors

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

Fast-track your US visa with Deel Immigration

Deel Immigration is transforming the immigration process by combining advanced technology with personalized support, making the journey more transparent and efficient for candidates.

Deel’s user-friendly platform keeps you well-informed and supported at every stage through:

• Access to a dedicated case manager
• A dashboard for the centralized management of your evidence, forms, visas, and other documents
• Self-serve functionality
• An application status timeline with real-time updates and personalized notes from your case manager
• Exclusive relocation services at discounted rates
• Automated reminders and alerts for required follow-ups

Not sure if you qualify? You can start with a free, no-obligation visa check. You’ll receive a personalized assessment, cost breakdown, and next steps.

Schedule your free consultation today. Connect with the Deel immigration team to expedite your visa process and kickstart your US adventure.