Self-petition for EB-2 NIW—expedite your path to a green card with Deel

The EB-2 visa is a preference employment-based visa for foreign nationals with a master’s degree or its foreign equivalent, or those with a bachelor’s degree and at least five years of progressive experience in their field. To qualify for the EB-2 National Interest Waiver (NIW), applicants must demonstrate that their work is of substantial intrinsic merit, has national importance, and benefits the United States.

Applicants must demonstrate an advanced degree or its foreign equivalent, or exceptional ability in their field. Typically, a job offer from a US employer and a labor certification from the Department of Labor are required. However, the EB-2 NIW allows applicants to self-petition without these requirements. Applicants must file an I-140 petition (Immigrant Petition for Alien Worker) and pay the associated filing fee.


Unlike the EB-1 visa, the EB-2 visa typically requires a labor certification process. However, the EB-2 NIW allows foreign nationals to self-petition without a job offer or labor certification if their work is of national importance and benefits the United States. The EB-2 visa is also subject to the visa bulletin, which determines when applicants can proceed with their immigrant visa application based on their priority date.


Benefits include the opportunity to seek lawful permanent resident status in the United States based on professional qualifications. The EB-2 NIW offers a pathway to expedite EB-2 visa processing time and waive the labor certification requirement, making it an attractive option for those who qualify.

The EB-2 NIW processing time for the I-140 petition ranges from four to six months. Premium processing, available for an additional filing fee, reduces this time to 45 days. After approval, applicants must wait for their priority date to become current in the visa bulletin before proceeding with their immigrant visa application.

The typical EB-2 NIW approval rate is over 80% annually, indicating a high likelihood of success for qualified applicants. Properly preparing the EB-2 NIW application and providing strong evidence to meet the eligibility criteria can increase the chances of approval.

The total time required to obtain an EB-2 NIW green card can range from approximately 14 to 26 months, depending on visa processing times and whether premium processing is used. This includes the time for the I-140 petition and the immigrant visa application process.

The process involves submitting the I-140 petition to US Citizenship and Immigration Services (USCIS) with evidence of eligibility and the national interest waiver. If approved and a visa number is available according to the visa bulletin, the applicant can file for adjustment of status using Form I-485 or proceed with consular processing if outside the US. Premium processing is available for an additional fee, reducing the timescale to around 45 days maximum. If the application is denied, the decision can be appealed to the Administrative Appeal Office.


Yes, you can still apply for the EB-2 NIW visa if you have a bachelor’s degree and at least five years of progressive experience in your field, or if you can demonstrate exceptional ability in your field. The key is to meet the eligibility criteria and prove that your work is of national importance and benefits the United States.