Are you eligible for a NIW Green Card?

Step 1: The General EB-2 Eligibility

You can pass the General EB-2 Eligibility Test by meeting 1 of the following 2 criteria:

1. You have an advanced degree (Master's or Ph.D Degree), or its equivalent (Bachelor's Degree and 5 years of experience); or

2. You have demonstrated exceptional ability in your field.

Most NIW Green Card applicants easily pass the General EB-2 Eligibility Test by having an advanced degree or its equivalent.
 

Step 2: The National Interest Waiver

After passing the General EB-2 Eligibility Test, you must also satisfy all 3 elements of the National Interest Waiver test, which are:

1. Your proposed work has both substantial merit and national importance;

2. You are well-positioned to advance your proposed work; and

3. When balancing all the factors, it would be in the national interest of the U.S. to grant you a waiver of the normal job and labor certification requirements.

4. ​

This National Interest Waiver test was set out in the 2016 Administrative Appeals Office (AAO) precedent decision called Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), which established a new framework for evaluating NIW Green Card applications.

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What are the Main Advantages of Applying for an NIW Green Card?

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Employer Sponsorship is Not Required:  

You can file an NIW Green Card application independently (sometimes called a "self-petition") without sponsorship from your employer.

 

A Specific Offer of Employment is Not Required:

You can file an NIW Green Card application even if you do not have a job offer from a U.S. employer.

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PERM Labor Certification is Not Required:

Unlike most other Employment-Based Green Card categories, you do not need to go through the PERM Labor Certification process to show a shortage of U.S. workers in the labor market for your occupation to be eligible to file an NIW Green Card application.