EB-2 National Interest Waiver

Who this pathway suits

Under Section 203(b)(2) of the Immigration and Nationality Act, employment-based second preference (EB-2) immigrant visas generally require a specific job offer and an approved Labor Certification (PERM).However, USCIS can waive these requirements if the foreign national demonstrates that their proposed endeavor has both substantial merit and national importance, that they are well positioned to advance the endeavor, and that it would be beneficial to the United States to waive the job offer requirement.Known as the Matter of Dhanasar framework, this pathway offers complete autonomy: you self-petition on Form I-140, maintain ownership of your green card process, and can live and work for any employer or operate your own business upon grant.

Eligibility at a glance

• Hold an Advanced Degree (US Master's, Ph.D., or foreign equivalent, OR a Bachelor's plus 5 years of progressive post-degree experience) OR demonstrate Exceptional Ability in the sciences, arts, or business
• Prong 1 (Matter of Dhanasar): The foreign national's proposed endeavor has both substantial merit and national importance (in STEM, business, entrepreneurship, healthcare, energy, or education)
• Prong 2: The foreign national is well positioned to advance the proposed endeavor (demonstrated by education, track record, citations, patents, leadership roles, or business plan)
• Prong 3: On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification

How the process works

1. Endeavor Definition & Case Strategy — Define your proposed endeavor aligning with US strategic priorities (e.g. AI, clean energy, biomedical, supply chain).
2. Gather Expert Letters & Evidence — Secure recommendation letters from government, academia, or industry leaders.
3. Lodge Form I-140 Petition — Submit petition bundle to USCIS with optional Premium Processing (Form I-907).
4. I-140 Approval — Receive USCIS approval notice (Form I-797) locking in your priority date.
5. Adjustment of Status or Consular Processing — File Form I-485 (if in the US) or complete DS-260 consular interview at US Embassy/Consulate.
6. Green Card Issued — Receive 10-year Permanent Resident Card.

Documents you will typically need

• Form I-140 Immigrant Petition for Alien Worker
• Detailed Professional Endeavor Statement outlining your proposed work and impact on US national interests
• Academic diplomas, transcripts, and official foreign credential evaluation report
• 5 to 7 expert advisory opinion / recommendation letters from independent leading experts in your field
• Evidence of achievements: scholarly citations (Google Scholar), peer-reviewed publications, conference presentations, patents, press coverage, or commercial contracts
• Comprehensive Curriculum Vitae detailing career progression, awards, and professional memberships

Frequently asked questions