Employment-based green card
What is the EB-2 National Interest Waiver (NIW)?
The EB-2 National Interest Waiver (NIW) lets a person who qualifies for the second employment-based preference obtain a green card without a job offer or PERM labor certification, by showing their work is in the U.S. national interest. Like EB-1A, it permits self-petition.
Primary legal authority
- INA §203(b)(2)(B) — Authorizes USCIS to waive the job-offer (and thus labor-certification) requirement in the national interest.
- Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) — The controlling precedent establishing the current three-prong NIW test.
The base EB-2 requirement
First, you must qualify for EB-2 itself: either an advanced degree (a U.S. master's or higher, or a bachelor's plus five years of progressive experience) or exceptional ability in the sciences, arts, or business.
The Dhanasar three-prong test
To obtain the waiver, USCIS applies Matter of Dhanasar: (1) the proposed endeavor has both substantial merit and national importance; (2) you are well positioned to advance the endeavor; and (3) on balance, it would be beneficial to the United States to waive the job-offer and labor-certification requirements.
Because the NIW waives the job offer, qualified applicants self-petition and avoid the PERM process — a major reason it is popular with researchers, founders, and specialized professionals.
Frequently asked questions
Do I need a job offer for the EB-2 NIW?
No. The National Interest Waiver under INA §203(b)(2)(B) waives the job-offer and labor-certification requirements, so qualified applicants can self-petition.
What is the test for an NIW?
The three-prong test from Matter of Dhanasar (2016): substantial merit and national importance of the endeavor; that you are well positioned to advance it; and that on balance it benefits the U.S. to waive the job-offer requirement.
Do I need an advanced degree for EB-2 NIW?
You need to qualify for EB-2 first — either an advanced degree (master's or higher, or bachelor's plus five years of progressive experience) or exceptional ability — and then meet the Dhanasar waiver test.
JustiGuide provides legal information, not legal advice, and is not a law firm. This page is a general overview and is not a substitute for advice about your specific situation from a licensed immigration attorney. Last reviewed 2026-05-27.