Published: July 11, 2025
Are you considering seeking a US green card without employer sponsorship? The EB-2 visa is one of the categories that enable individuals who possess an advanced degree or exceptional ability to sponsor themselves for an employment-based green card without undergoing the cumbersome labor certification process.
However, self-sponsorship is only available for EB-2 petitions with a filed request for a national interest waiver (NIW). The EB-2 NIW remains a popular pathway for self-sponsorship, with filings reaching 39,810 petitions in FY 2023. Despite this, not everyone qualifies for this visa classification due to the comprehensive documentation required to meet its criteria.
In this post, learn when you can sponsor yourself for an EB-2 NIW visa without a job offer and sponsorship from a US employer.
Key Aspects of the EB-2 Visa NIW Category
The EB-2 visa is a type of employment-based visa available to foreign individuals who hold an advanced degree or demonstrate exceptional ability. Generally, obtaining a visa under the EB-2 visa category involves securing a job offer and labor certification.
However, the NIW provision allows USCIS to waive the labor certification process. That is, only if your waiver shows a greater advantage than the usual requirement to protect US workers through the labor certification. It also provides an opportunity to petition yourself without needing an employer or sponsor.
How You Can Self-Petition Under EB-2 NIW
Are you seeking to sponsor yourself under the EB-2 NIW category? You must fulfill the initial conditions set for the EB-2 visa classification as well as the national interest waiver. Here’s how you can establish eligibility for self-petition under the NIW provision in EB-2 visa classification:
EB-2 visa qualifications
The EB-2 visa requires two general qualifications. Provide evidence of one of the following to be eligible for this visa category:
- You hold a master’s or higher degree. Having finished a bachelor’s degree with a minimum of five years of experience is another way to qualify for the EB-2 visa.
- You have demonstrated an exceptional ability in your field through relevant work experience and recognition of your contributions from peers, government entities, or professionals.
NIW requirements
Suppose you fulfill the criteria required to qualify for the EB-2 visa category. You must still meet the qualifications necessary for the NIW. Generally, you can bypass the job offer requirement if your work and skill set serve the US national interest. USCIS considers the following factors when examining whether you’re eligible for the NIW:
- There’s substantial merit and national importance in your proposed endeavor.
- Your qualifications position you effectively to advance the work you proposed.
- The US would gain benefit from waiving the requirements for job offer and labor certification.
Get Your EB-2 NIW Petition Approved With ALG Lawyers
EB-2 NIW filings are particularly complex to prepare. A credible Los Angeles immigration lawyer will be highly advantageous in presenting a strong and well-documented EB-2 NIW application.
Contact our reliable team at ALG Lawyers to ensure a successful self-petition for permanent residency in the US. We can assist you from preparing your application to meeting all necessary EB-2 NIW criteria.
FAQs on When Can You Self-Petition for an EB-2 Visa Category
What documentation effectively substantiates your EB-2 NIW petition?
A well-supported petition is essential when applying for an EB-2 NIW visa category. Here are different types of documentation to support your EB-2 NIW application:
- Proof of academic qualifications, such as transcripts and recommendation letters
- Documentation that proves your exceptional ability or advanced degree, including outstanding awards, licences, and professional memberships
- Evidence of your expertise and ability to advance the proposed endeavor, such as patents, publications, or presentations
Are you allowed to change jobs while your EB-2 NIW petition is awaiting approval?
Unlike typical EB-2 petitions, the EB-2 NIW isn’t tied to a specific employer, so changing jobs doesn’t automatically cancel your pending EB-2 NIW petition. However, you must align your new employment to a similar or closely related field described in your NIW petition. Otherwise, USCIS may question whether you qualify for the national interest waiver, which could potentially harm your case.
Does premium processing provide an advantage for EB-2 NIW cases?
Premium processing allows you to get a faster decision from USCIS, either for approval or denial. The agency will take adjudicative action on your case within 45 calendar days if you request premium processing for your EB-2 NIW petition.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)