EB-2 National Interest Waiver Green Card | Unican Dubai

🇺🇸 USA · Green Card

EB-2 National Interest Waiver

A US Permanent Residency pathway for professionals and researchers whose work serves the national interest of the United States. No employer sponsor, no job offer, no labour market test. Self-petition on the merit of your work.

No Employer Needed Self-Petition Advanced Degree National Interest

At a Glance

Sponsor

None required

Job Offer

Waived

Test

Matter of Dhanasar

Processing

10–14 months

Premium

45 calendar days

Preference

EB-2

Check Your Eligibility — Free

Eligibility Routes

Two ways to qualify

You must first qualify under the EB-2 preference category, then additionally demonstrate your work merits a National Interest Waiver of the usual job offer and labour certification requirements.

Route A

Advanced Degree

Hold a US advanced degree (Master's or higher), or a foreign equivalent. A Bachelor's plus 5 years of progressive post-degree experience in the field is also accepted as equivalent to an advanced degree.

Route B

Exceptional Ability

Demonstrate exceptional ability in science, arts, or business — significantly above what is ordinarily encountered. Meet at least 3 of 6 USCIS criteria including degrees, licences, salary level, professional membership, recognition, or employer letters.

The Dhanasar Test

The 3-prong NIW standard

Once you qualify as EB-2, USCIS applies the Matter of Dhanasar (2016) to determine whether your work warrants waiving the normal requirements. All three prongs must be satisfied.

Substantial Merit & National Importance

Your work has significant value to the US in areas such as STEM, healthcare, education, business, law, or arts — and that value extends beyond your local community or employer.

Well Positioned to Advance the Work

You have the education, skills, knowledge, and record of success that positions you to advance the proposed work. Past achievements and future plans are both considered.

Waiver Benefits the US

On balance, it would be beneficial to the US to waive the job offer and labour certification requirements. USCIS weighs the national benefit against the protections these requirements normally afford US workers.

January 2025 USCIS Policy Update: USCIS updated policy guidance clarifying that the three Matter of Dhanasar prongs should be evaluated collectively, not in strict isolation. Strong evidence on any one prong can compensate for relatively weaker evidence on another — benefiting applicants with complex, cross-disciplinary profiles.

Who It's For

Fields that regularly qualify

The NIW has no restricted list of fields — any occupation can qualify if the three Matter of Dhanasar prongs are met. These are fields where we see regular approvals.

🔬 Scientific Research

💻 Technology & AI

🏥 Medicine & Public Health

🏗️ Engineering

🌱 Environmental Science

📚 Higher Education

💰 Finance & Economics

⚖️ Law & Policy

🎨 Arts & Culture

🌏 International Affairs

🏛️ Government & Defence

📡 Telecommunications

Process

From petition to Green Card

Eligibility Assessment

We assess your qualifications against the EB-2 threshold and evaluate the strength of your Matter of Dhanasar case — identifying which prongs you satisfy most strongly.

1–2 weeks

Petition Strategy & Evidence Build

We develop your NIW narrative — framing your work's national importance — and gather supporting documentation: publications, citations, reference letters, salary data, and recognition.

6–10 weeks

I-140 Filing with USCIS

We file Form I-140 as a self-petition. Choose standard processing (10–14 months) or premium processing (45 calendar days). No employer signature or labour certification needed.

Filed within days

USCIS Decision

USCIS reviews using the Matter of Dhanasar framework. A Request for Evidence (RFE) may be issued — we prepare all responses. Approval rate is high for well-prepared petitions.

45 days–14 months

Adjustment of Status or Consular Processing

File I-485 if in the US, or proceed via consular processing at a US embassy if abroad. Your spouse receives work authorisation during this stage.

6–12 months

Green Card Issued

Your US Permanent Resident Card arrives — valid 10 years, renewable. Live, work, and build anywhere in the United States.

Permanent residency

EB-2 NIW vs EB-1A

Choosing your US pathway

Both are self-petition green cards with no employer requirement. Many clients file both simultaneously to protect their timeline.

Factor	EB-2 NIW	EB-1A
Standard	Exceptional ability + national importance	Extraordinary ability — very top of field
Sponsor / Job Offer	None required (waived)	None required
Evidence Test	Matter of Dhanasar	3 of 10 criteria + final merits review
Premium Processing	45 calendar days	~15 business days
Standard Processing	10–14 months	8–12 months
Best For	Researchers and professionals with national-importance work	Top achievers with documented international recognition

FAQ

Common questions

Do I need a US employer or job offer?+

No. The NIW specifically waives the usual requirement to have a US employer sponsor and obtain labour market certification (PERM). You file entirely as a self-petitioner.

How do I show my work is in the "national interest"?+

USCIS evaluates whether your work has substantial intrinsic merit in areas important to the US — such as STEM, healthcare, policy, or education — and whether the benefit extends nationally rather than to just one employer or community. Evidence includes publications, citations, awards, letters from experts, and proof of impact.

Can I apply for EB-2 NIW and EB-1A at the same time?+

Yes — filing both simultaneously is common and entirely permitted by USCIS. Each is a separate I-140 petition evaluated independently. If one is approved first, you can proceed immediately while the other remains pending.

What changed with the January 2025 USCIS policy update?+

USCIS clarified that the three Matter of Dhanasar prongs should be evaluated holistically, not in strict isolation. An exceptionally strong showing on prong one or two can offset a weaker showing elsewhere. This is beneficial for applicants with unconventional or cross-disciplinary profiles.

Free Assessment

Could your work qualify?

Share your background and we'll evaluate your NIW case strength across all three Matter of Dhanasar prongs.

Your information is confidential. A licensed consultant will be in touch within 24 hours.

Also Consider