EB-2 NIW green card
A green card you can file for yourself
With the National Interest Waiver, you do not need a job offer or a labor certification. You can file for yourself. You must qualify for EB-2 first, and your country of birth can affect how long you wait.
- Who files
- You can file yourself
- Employer needed
- No
- First you need
- EB-2 eligibility
- Legal fee from
- $7,995
What you get
Your green card no longer depends on one boss
Most work green cards need an employer to sponsor you. The employer must also test the job market through a labor certification (PERM) with the Department of Labor. The National Interest Waiver (NIW) skips both. You file Form I-140 for yourself.
That means you do not need your manager to sign anything. The petition itself is not tied to one company. You also skip the PERM step, which can take many months on its own.
In return, you have to show that your work matters to the United States as a whole. USCIS uses three tests to decide this. They come from a 2016 case called Matter of Dhanasar.
An NIW is still an EB-2 green card. It has yearly limits and per-country limits. Depending on where you were born, you may wait for a visa number after your petition is approved.
Step one
First, you must qualify for EB-2
The waiver only works if you already fit EB-2. There are two ways to fit.
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Advanced degree
You hold a US master’s degree or higher, or a foreign degree that is equal to it. A US bachelor’s degree (or foreign equal) plus at least 5 years of progressive work in your specialty also counts as a master’s.
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Exceptional ability
You show expertise well above what is normal in the sciences, arts or business. You need at least 3 of these 6: a degree in your field, letters showing 10 or more years of full-time work, a license to practice, pay that shows exceptional ability, membership in professional groups, or recognition from peers, government or professional groups.
Meeting 3 of the 6 is not the end. USCIS then looks at all your evidence together to decide if your ability is truly well above normal.
Step two
Then, you must pass three NIW tests
USCIS looks at your proposed endeavor. That is the work you plan to do in the United States.
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Your work has substantial merit and national importance
The work can be in business, science, technology, health, education, culture or other fields. Its impact should reach beyond one company or one client. USCIS says a benefit to one employer alone is not enough, even a large one.
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You are well positioned to move it forward
USCIS looks at your education, skills, record of success, your plan and the progress you have made. Helpful proof can include patents, published papers, a strong citation history, funding, letters from government bodies, and signs that others use your work.
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Waiving the job offer helps the United States
You show that, on balance, the country gains more by letting you skip the job offer and labor certification. Reasons can include urgency, possible job creation, or that a normal job offer does not fit your kind of work.
If you have an advanced degree in a STEM field, especially a PhD, USCIS can count it as an especially positive factor for the second test. This applies when the degree is tied to your endeavor and your work helps a critical or emerging technology, or another STEM area important to US competitiveness or national security. A degree alone is not enough. It is one factor, not automatic approval.
How it works
From first check to green card
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See where you stand
FreeUpload your resume to Frank for a free evaluation. You need no account and no card.
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An attorney confirms your eligibility
A licensed attorney at our independent partner firm reviews your case. You get a flat legal fee before you sign anything.
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Build the evidence
Your case team writes a clear description of your endeavor, gathers proof for each test, and coaches your recommendation letters.
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File Form I-140
You file as the petitioner. A second attorney reviews the petition before it goes to USCIS. You can add premium processing if you want a faster decision on the I-140.
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Wait for your priority date
Depends on your countryYour place in line is the date USCIS accepts your I-140. When your date is current in the Visa Bulletin, you can take the last step.
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Apply for the green card
If you are in the US, you file Form I-485 to adjust status. If you are abroad, you go through a US consulate. If you are a citizen of a country under a current US travel proclamation, an immigrant visa may not be issued abroad right now. Your attorney checks this before you choose this route. Your spouse and unmarried children under 21 can usually apply with you.
What it costs
Government fees and our legal fee
Government fees go to USCIS. The legal fee goes to the partner law firm. Both are shown before you sign.
| Item | Cost | Paid to |
|---|---|---|
| Form I-140 filing fee | $715 by mail, $665 online | USCIS |
| Asylum Program Fee (self-petitioner rate) | $300 | USCIS |
| Premium processing for the I-140 (optional) | $2,965 | USCIS |
| Form I-485, each person 14 or older | $1,440 by mail | USCIS |
| Form I-485, child under 14 filing with a parent | $950 by mail | USCIS |
| Work permit (I-765) while I-485 is pending | $260 | USCIS |
| Travel permit (I-131) while I-485 is pending | $630 by mail | USCIS |
| USCIS Immigrant Fee, if you get your green card abroad | $235 per person | USCIS |
| Legal fee, EB-2 NIW | From $7,995 (tiers: $7,995, $10,975, $14,975) | Partner law firm |
Government fees are from the USCIS fee schedule (Form G-1055, edition 09/09/26), as of September 2026. Fees change, so they are checked again before you file. Consular cases also pay State Department fees. Translations, documents and expert opinion letters are extra.
How long it takes
Two waits: the decision, then your place in line
The first wait is for USCIS to decide your I-140. With premium processing, USCIS aims to act on an NIW petition within 45 business days. That means a decision, a Request for Evidence, or a notice of intent to deny. Without it, times vary. You can check current USCIS processing times.
The second wait is for a visa number. Each year there is a limit on EB-2 green cards. Also, people born in any one country can get only about 7 percent of all family and work green cards each year. So if many people from your country of birth are in line, you may wait years after your I-140 is approved. For some countries there is little or no wait.
The Department of State shows each month’s cutoff dates in the Visa Bulletin. We explain how to read it on our Visa Bulletin guide. Your attorney will tell you what your country’s line looks like before you file.
How we help
Frank for the evidence, attorneys for the law
Frank is your extraordinary ability partner. It covers the NIW, EB-1A, EB-1B, O-1A and O-1B. Licensed attorneys at an independent partner firm do all legal work.
A free, honest starting point
Upload your resume. Frank shows where you stand, criterion by criterion. No account, no card.
Real ways to grow your record
Frank finds real opportunities, like peer review, panels, speaking calls and press, ranked by what they help. No paid awards, bought panel seats or pay-to-publish journals.
Proof, saved the way USCIS reads it
Frank prepares applications you approve, then saves the proof as evidence in USCIS exhibit format. A weekly email tells you the next step.
Two attorneys on your petition
A senior attorney leads your case and writes a strategy memo. A second attorney reviews it before filing. If an RFE comes on a case they filed, the response is included.
FAQ
Common worries
No employer has to sign your NIW petition. You file it yourself. You can still keep your job while it is pending. Ask your attorney whether telling your employer matters in your case, for example if you are on an H-1B.
Maybe. A US bachelor’s degree (or a foreign equal) plus at least 5 years of progressive experience in your specialty counts as a master’s for EB-2. You can also qualify through exceptional ability. An attorney confirms which path fits you.
Not by itself. USCIS says benefits to one employer alone are not enough for national importance. You need to show a wider impact, for example on your field, on public health, or on the economy.
Not always. Approval gives you a place in line. If your country’s EB-2 line is backed up, you wait until your priority date is current in the Visa Bulletin before the green card can be approved.
No one can promise approval. Some cases get refund-backed terms, but only if the reviewing attorney approves after assessing the case. They cannot be requested or bought.
EB-1A has a higher bar, but it is a separate line that can move faster for some countries. Some people qualify for both. Frank’s evaluation shows where you stand for each, and an attorney helps you choose.
Sources · checked September 2026
- USCIS: Employment-Based Immigration, Second Preference EB-2
- USCIS Policy Manual, Vol. 6, Part F, Ch. 5 (Advanced Degree or Exceptional Ability, NIW)
- 8 CFR 204.5 (k) and (d) (eCFR)
- USCIS Fee Schedule, Form G-1055 (edition 09/09/26)
- USCIS: Guidance on Paying Fees for Form I-140 (Asylum Program Fee)
- USCIS: How Do I Request Premium Processing?
- USCIS: Visa Availability and Priority Dates
- USCIS: Adjustment of Status Filing Charts from the Visa Bulletin
- 8 U.S.C. 1152(a)(2), per-country limit (Cornell LII)
- 8 U.S.C. 1153(b), employment-based allocation (Cornell LII)
- USCIS Case Processing Times
- DOL FLAG: PERM and prevailing wage processing times
- White House fact sheet: Proclamation 10998, further restricting entry of foreign nationals (December 2025)
This page is general information, not legal advice. Rules and fees change; a partner-firm attorney confirms what applies to you before anything is filed.
