Self Petition

No Job Offer

No PERM

EB-2 NIW Green Card: Self Petition With No U.S. Job Offer

File for a U.S. green card on your own, without an employer sponsor or PERM. We help you define your proposed endeavor and build the evidence for all three Dhanasar prongs, with review by a network attorney.*

* Not legal advice. Beyond Border is not a law firm. Legal services are provided by independent attorneys in its network.

Our purpose built process empowers professionals from:
Superops
Gentian
Biorce
Chime
Revolut
Microsoft
Google
Y Combinator
Techstars
Antler
amazon
NETFLIX
Palantir
Antler
500 Global
Superops
Knoetic AI
TESLA
Waymo
AXP American Express

GET A TAILORED ASSESSMENT

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

WHY NIW

Why Choose The EB-2 NIW?

One of the most flexible employment based paths to a U.S. green card for professionals, researchers and entrepreneurs.

Self Petition

You can file Form I-140 yourself, with no employer sponsor.

No Permanent Job Offer

Ask USCIS to waive the normal job offer requirement.

No PERM Labor Certification

If the NIW is granted, PERM is waived.

No Lottery, But Annual Limits Apply

EB-2 has annual numerical limits, so visa availability and your priority date still matter.

Built Around Your Own Work

Your case centers on a specific proposed endeavor, such as a project, business or research program.

Family Can Follow

Eligible spouses and unmarried children under 21 may get derivative status.

THE TEST

The Three Dhanasar Prongs We Help You Prove

Request A Consultation

Prong 1

Merit And National Importance

A specific proposed endeavor, not just an important occupation.

Prong 2

Well Positioned

Evidence that you can actually advance the work.

Prong 3

Benefit Of The Waiver

Why the U.S. gains by waiving the job offer and PERM.

OUR NETWORK

Meet Our Network Attorneys

Every EB-2 NIW petition is reviewed by a handpicked U.S. immigration attorney who is an immigrant.

Fadi Minawi

Fadi Minawi

Managing attorney · 20+ yrs

View Profile →
Lena Nevsky

Lena Nevsky

Extraordinary-talent attorney · 25+ yrs

View Profile →
Uche Nwaneri

Uche Nwaneri

Business & immigration law · 25+ yrs

View Profile →
Junoetia Salonga

Junoetia Salonga

Extraordinary-talent attorney · 15+ yrs

View Profile →

Request A Consultation

WHO WE HELP

Who We Help With The EB-2 NIW

Candidates with strong past achievements and a credible, specific plan for future work.

Request A Consultation

Researchers And Scientists

Petition strategy and expert letter coordination that tie research, citations and publications to a specific endeavor.

Entrepreneurs And Founders

Evidence organization for revenue, customers, investment, partnerships, job creation and a credible plan.

Engineers And Technologists

Narratives for work in AI, cybersecurity, semiconductors and clean energy, framed as an endeavor.

Healthcare And Other Specialists

Expert support letters and an endeavor narrative that explain your expertise and why your work matters to the U.S.

Climate And Clean Energy Specialists

Renewable energy, advanced manufacturing and climate technology endeavors framed to meet the national interest standard.

Fintech And Infrastructure Professionals

Evidence organization for fintech, infrastructure and education technology work with measurable national impact.

IN THEIR WORDS

Hear From Our Clients

Short video testimonials from professionals who secured their green cards with our help.

Arvind

Founder

Angel

Founding Team Member

Jennifer

Founding Engineer

Luciana

Senior Backend Engineer

NIW GUIDE

EB-2 NIW Guide: Requirements, Process And Rules

Pick a topic to jump straight to the answer.

Two Layer Test
Three Prongs
Process And Timeline
Job Offer, PERM, Family
Candidates And Mistakes

What Is An EB-2 NIW?

KEY TAKEAWAYS

You first qualify for EB-2 through an advanced degree or exceptional ability, then pass the three prong Dhanasar test. You can self petition without an employer sponsor or PERM. EB-2 annual limits and your priority date still apply.

EB-2 is Employment Based Second Preference, for certain professionals with advanced degrees and people with exceptional ability. The National Interest Waiver is an exception to the normal requirement of a permanent job offer and PERM labor certification, available when your proposed work is in the national interest of the U.S. You first qualify for EB-2, then prove the waiver should be granted.

Layer 1: Qualify For EB-2

Advanced Degree

A U.S. degree above a bachelor's or a foreign equivalent. A bachelor's plus five years of progressive experience can count as a master's equivalent.

Exceptional Ability

Expertise significantly above that ordinarily found in the sciences, arts or business, with qualifying evidence.

Layer 2: Pass The NIW Test

USCIS applies the three prong Matter of Dhanasar framework, and the petitioner must prove eligibility by a preponderance of the evidence.

Request A Consultation

Proving All Three Dhanasar Prongs

"I am an AI engineer and AI matters to the U.S." is weak. "I will develop AI cybersecurity systems that improve threat detection for U.S. healthcare organizations" identifies what you will do. Prong 2 requires evidence such as education, publications, patents, awards, commercial success or expert letters.

Prong 3 requires evidence, not just a statement that your work is valuable. USCIS treats the waiver as discretionary and requires all three prongs.

EB-2 NIW Application Process

01

Evaluate EB-2 Eligibility

Check whether you qualify through an advanced degree or exceptional ability.

02

Define Your Proposed Endeavor

Be specific: what you will do, why it matters to the U.S., what you have accomplished and what you plan next.

03

Build Evidence And Prepare Form I-140

Support your qualifications and all three prongs with academic, employment, publication and business records, then prepare Form I-140. In an NIW, you can generally file as your own petitioner.

04

USCIS Review

USCIS may approve, issue a Request for Evidence, or deny. Standard I-140 processing times vary by category and service center. Check the USCIS processing times page for the current range.

05

Green Card Stage

An approved I-140 needs an available visa number before I-485 or consular processing.

NIW Visa Availability And The Visa Bulletin

There is no lottery for the NIW, but EB-2 has annual numerical limits. In the October 2026 Visa Bulletin, the EB-2 Final Action Date for most countries is January 1, 2025. Dates for specific countries differ and change monthly, so check the current Visa Bulletin for your country.

Most Countries

January 1, 2025

Check Your Country

India and China have separate dates. Check the current Visa Bulletin article for your country.

Premium processing for eligible EB-2 NIW I-140 petitions costs US$2,965 and has a 45 business day timeframe. It covers USCIS action on the I-140 only, not the full green card process.

Job Offer, PERM, And Family Work Authorization

A qualifying NIW petitioner can ask for a waiver of the permanent job offer and PERM, and can self petition. You still need EB-2 eligibility and all three Dhanasar requirements. Filing an NIW I-140 does not by itself give a spouse work authorization; once your spouse becomes a permanent resident, or if you can jointly file adjustment of status, your spouse may obtain employment authorization. Eligible spouses and unmarried children under 21 can generally qualify as derivatives, subject to visa availability.

Common NIW Mistakes

Candidates who prepare the strongest cases avoid these common missteps.

Treating NIW As An "Advanced Degree Green Card"

A master's degree is not enough. The NIW requirements still apply.

Describing The Occupation, Not The Endeavor

"Software engineer" is an occupation, not an endeavor.

Broad Claims Without Evidence

"Benefit the U.S. economy" is weak without evidence of expected impact.

Not legal advice. Beyond Border is not a law firm. Legal services are provided by vetted attorneys in its network.

PRICING

EB-2 NIW Cost And Beyond Border Pricing

Total cost depends on your situation, filing strategy and whether you need adjustment of status or other applications.

Beyond Border Service Fee

US$8,000 To 10,000

For EB-2 NIW. Attorney arrangements are set out in your engagement agreement.

USCIS I-140 Filing Fee

US$715

For Form I-140 (US$665 online), plus the Asylum Program Fee: US$300 for self-petitioners and small employers, US$600 for other employers and US$0 for nonprofits. Check the USCIS fee calculator before filing.

Premium Processing Fee

US$2,965

Optional for eligible NIW I-140 petitions, with a 45 business day timeframe.

What's Included

Case coordination, expert letter coordination and drafting, petition strategy, evidence organization, filing support and response support per your package.

Later Government Fees

Fees for adjustment of status or immigrant visa processing may apply later.

Money Back Guarantee

Standard 50% money back guarantee. Terms are set out in your engagement agreement. Beyond Border cannot guarantee a USCIS decision.

Request A Consultation

FAQ

EB-2 NIW Frequently Asked Questions

What is an EB-2 NIW?

+

The EB-2 National Interest Waiver lets a qualified professional self petition for a green card and ask USCIS to waive the normal job offer and PERM labor certification requirements because the proposed work is in the national interest of the United States.

Do I need a job offer or an employer for an NIW?

+

No. The NIW lets you self petition without a job offer or employer sponsor. You must still qualify for EB-2 and meet all three Dhanasar prongs.

Do I need PERM for an NIW?

+

No. If the NIW is granted, the PERM labor certification is waived. The waiver is discretionary, so strong evidence for all three prongs is essential.

What are the three Dhanasar prongs?

+

Prong 1: your proposed endeavor has substantial merit and national importance. Prong 2: you are well positioned to advance it. Prong 3: on balance, it benefits the U.S. to waive the job offer and PERM requirements.

Does a master's degree guarantee an NIW?

+

No. A master's degree can help you qualify for EB-2, but the NIW requires you to prove all three Dhanasar prongs. A degree alone is not enough.

Is there an EB-2 NIW lottery?

+

No. There is no lottery for the EB-2 NIW. EB-2 does have annual numerical limits, so your priority date and your country's Final Action Date still affect when you can receive a green card.

Start Your EB-2 NIW Assessment

Tell us about your background and the work you plan to do in the U.S. We will review your EB-2 eligibility and how strong a proposed endeavor you can build.

Request A Consultation