NIW (National Interest Waiver)
The National Interest Waiver (NIW) lets some EB-2 applicants skip the job offer and PERM when their work is in the US national interest. You may file the I-140 yourself. It is based on the merits of your work, so the filing needs evidence, and eligibility varies by case.
What USCIS asks you to show
USCIS describes three parts of the case. You show evidence that:
- your proposed endeavor has substantial merit and national importance;
- you are well positioned to advance the endeavor; and
- on balance, it would be beneficial to the United States to waive the job offer and so the permanent labor certification requirement.
The agency does not define by statute which endeavors qualify, which is why each case depends on its own evidence.
What it does and does not remove
An NIW petition does not need a Department of Labor labor certification, and you do not need an employer sponsor to file. Other EB-2 petitions require a US employer to file the Form I-140. An NIW does not remove the rest of the green card process. Approval of the petition is one step, and what follows depends on your situation.
NIW compared with employer-sponsored EB-2
| EB-2 with PERM | EB-2 NIW | |
|---|---|---|
| Employer files I-140 | Yes | Not required, you may self-petition |
| Labor certification | Required | Waived if you qualify |
| Job offer needed | Yes | No |
| Core question | Does the employer meet the PERM rules | Is your work of national importance |
How it shows up for job seekers
Job seekers in fields such as research, engineering or health may read about the NIW as a path that does not rely on a single employer. LiveRec does not file or assess immigration cases. Our EB-2 NIW guide explains the process in more depth, and a licensed attorney can tell you whether it fits.
Example
A researcher self-petitions with evidence of the importance of her work and her record of advancing it, and files Form I-140 on her own behalf.
Related terms and guides
Sources
- USCIS, EB-2, https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2, accessed 31 October 2026
This is general information, not legal, tax or immigration advice. Rules change and your situation may differ. Consult a licensed attorney or qualified adviser.