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EB-2

A Green Card Path for Professionals Advancing the U.S. National Interest

The EB-2 National Interest Waiver (NIW) allows professionals with advanced degrees or exceptional ability to apply for a Green Card without employer sponsorship or labor certification if their work benefits the United States as a whole. This category is ideal for researchers, entrepreneurs, medical professionals, and innovators whose contributions serve the nation’s interests. At aiLegal, we help you craft a strong NIW petition that highlights your achievements and demonstrates why waiving the job offer requirement is justified.

What You Will Get with Us

  1. Eligibility Review
    We evaluate your background, education, research, and professional accomplishments to confirm NIW eligibility.

  2. Step-by-Step Guided Petition Process
    Our team explains the legal framework for NIW, including the Matter of Dhanasar criteria, and maps out a tailored strategy.

  3. Personalized Evidence Strategy
    We identify and organize the strongest evidence—publications, citations, patents, projects, or policy impact—that demonstrates your national importance.

  4. Recommendation Letter Support
    We assist in drafting and securing persuasive letters from recognized experts highlighting your unique contributions.

  5. Thorough Petition Review
    Multiple reviews of your petition and supporting documentation to minimize weaknesses and strengthen arguments.

  6. Comprehensive Legal Review
    An immigration attorney evaluates your case in detail to ensure compliance with USCIS standards and anticipate potential RFEs.

  7. Ready-to-File Petition Package
    We prepare and assemble your NIW application into a professional, compelling submission.

  8. RFE Response Support
    If USCIS requests more evidence, we prepare detailed responses to address concerns and protect your approval chances.

  • Form I-140 (Immigrant Petition for Alien Worker, filed as self-petition)

  • Form I-485 (Application to Register Permanent Residence or Adjust Status, if applying in the U.S.)

  • Form DS-260 (Immigrant Visa Application, if applying abroad)

  • Form I-765 (Application for Employment Authorization, if filing with I-485)

  • Form I-131 (Application for Advance Parole, if filing with I-485)


Let’s Make a Plan Together 

Frequently Asked Questions


Who qualifies for NIW?

Individuals with an advanced degree or exceptional ability in sciences, business, arts, healthcare, or technology whose work has substantial merit and national importance.

What is the Matter of Dhanasar test?

USCIS considers three factors:

  1. Your work has substantial merit and national importance.

  2. You are well-positioned to advance your proposed endeavor.

  3. It benefits the U.S. to waive the job offer and labor certification requirements.

Do I need a job offer or employer sponsor?

No. NIW allows self-petition, making it especially attractive for entrepreneurs, researchers, and independent professionals.

How long does the NIW process take?

NIW petitions can take 12–18 months, but premium processing for Form I-140 is now available in many cases.

Can my family be included?

Yes. Spouses and unmarried children under 21 may obtain Green Cards as derivative beneficiaries.

Is NIW easier than EB-1A or EB-1B?

NIW has slightly lower evidentiary standards compared to EB-1A/B but still requires strong documentation of national benefit.


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