EB-2 National Interest Waiver Green Card
For STEM professionals and researchers whose work benefits the United States (Self-Petition).
Your Path to U.S. Permanent Residency
For STEM professionals and researchers whose work benefits the United States (Self-Petition).
The EB-2 National Interest Waiver (NIW) is one of the most flexible and powerful Green Card pathways available. Unlike traditional employment-based visas, the NIW allows highly skilled professionals to bypass the lengthy and restrictive "PERM" Labor Certification process.
At Revital Shavit Immigration Law, we specialize in helping exceptional talent demonstrate that their work is of such significant value that it is in the best interests of the United States to grant them permanent residency without an employer sponsor.
Why Choose the EB-2 NIW?
Self-Petitioning: You do not need a U.S. employer to sponsor you; you can file the petition on your own behalf.
No Job Offer Required: You are not tied to a specific company or role, allowing for greater professional mobility.
No Labor Certification: You skip the "PERM" process, which requires proving no qualified U.S. workers are available for a specific role.
Family Benefits: Your spouse and unmarried children under 21 are eligible for permanent residency as your derivatives.
Premium Processing: USCIS offers expedited 45-day processing for the I-140 petition.
Eligibility: Do You Qualify?
To qualify for the EB-2 NIW, you must first meet the basic requirements of the EB-2 category and then satisfy the three-pronged "Dhanasar" test for the waiver.
Phase 1: EB-2 Professional Threshold
You must meet one of the following two criteria:
Advanced Degree: You hold a U.S. Master's degree or higher (or a foreign equivalent). A Bachelor's degree plus five years of progressive, post-graduation work experience also qualifies.
Exceptional Ability: You possess a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business. This requires meeting at least three of the six regulatory criteria (such as 10 years of experience, a professional license, or a high salary).
Phase 2: The National Interest Waiver (Dhanasar Test)
You must demonstrate that:
Substantial Merit & National Importance: Your proposed work has the potential to deliver significant benefits to the U.S. across healthcare, technology, the economy, and national security.
Well-Positioned to Succeed: You have the track record, education, and skills necessary to advance your proposed work.
Benefit to the U.S.On balance, it would be more beneficial to the U.S. to waive the job offer and labor certification requirements for you.
Our 360-Degree NIW Strategy
The NIW application is more than a list of credentials; it is a persuasive legal argument. We provide comprehensive support to ensure your case is undeniable:
Proposed Endeavor Development: We help you define a specific project or professional path that clearly demonstrates national importance.
Evidence Curation: We guide you in gathering critical evidence, including scholarly citations, patents, media coverage, and performance reviews.
Expert Opinion Letters: We work with you to secure strong recommendation letters from industry leaders that validate your contributions.
Meticulous Legal Briefing: We draft a robust legal brief that connects your unique background to U.S. national priorities.
STEM-Focused Advocacy: We leverage current USCIS guidance that favors professionals in "Critical and Emerging Technology" fields.
