EB-2 NIW (National Interest Waiver)
talent · United States
EB-2 NIW waives the job-offer and PERM requirements when the foreign national's work is in the US national interest. Must first qualify for EB-2: either advanced-degree professional (US master's or foreign equivalent, OR US bachelor's + 5 yrs progressive post-bachelor's experience) OR exceptional ability (≥ 3 of 6 criteria). Then satisfy the Matter of Dhanasar three-prong test: substantial merit + national importance; well positioned to advance the endeavor; on balance, beneficial to waive the job-offer/PERM requirement. Premium processing 45 business days for NIW. Self-petition allowed.
- Minimum stay / validity
- Permanent residence
- Processing time
- Premium 45 business days
- Official source
- https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2
- Last verified
- May 2026
Requirements & criteria
- [Mandatory] No criminal record
- [Mandatory] Advanced degree (US master's or foreign equivalent)
- [Mandatory] Bachelor's + 5 yrs progressive experience
- [Mandatory] Exceptional ability (≥ 3 of 6 criteria)
- [Bonus] Endeavor of substantial merit AND national importance