EB-2 National Interest Waiver  (NIW) Process

The EB-2 NIW is for individuals with advanced degrees or exceptional ability who can demonstrate that their work is in the national interest. 

The process involves:

Eligibility and NIW Criteria: Show that your work has substantial merit, is of national importance, and that waiving the job offer/labor certification requirements benefits the U.S.

Filing Form I-140: Submit a petition with evidence of qualifications, national interest impact, and why a waiver is justified. Self-petitioning is allowed.

Adjustment of Status/Consular Processing: Similar to EB-1, once the I-140 is approved, apply for a green card through Form I-485 or consular processing.

As with the EB-1 process, the EB-2 category requires detailed evidence and strong legal arguments. Attorney guidance can significantly improve the chances of approval by ensuring that the petitions meet the stringent standards of USCIS.


**Content for informational purposes only. Not specific legal advice. Dueñas Immigration Law Firm, PLLC**