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Law Offices of
Shawn Sedaghat

(818) 382-3333
(949) 272-1199
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EB-2 NIW (National Interest Waiver)

Written by Shawn S. Sedaghat — California Bar #188763, admitted 1997. Last reviewed: June 2026.

Self-Sponsor Your Green Card

The EB-2 National Interest Waiver (NIW) is an employment-based green card that lets professionals with an advanced degree (or exceptional ability) self-petition without an employer sponsor and without PERM labor certification. The Law Offices of Shawn S. Sedaghat has 30+ years of experience and has secured EB-2 NIW approvals across science, medicine, engineering, business, and the arts. Call (818) 382-3333 for a free consultation.

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      Overview

      • No job offer or employer sponsor required
      • Self-petition directly to USCIS
      • Priority date locked from I-140 filing
      • Open to professionals with advanced degrees or exceptional ability
      • Must demonstrate work of substantial merit and national importance

      Three Dhanasar prongs (2016 AAO precedent): (1) The proposed endeavor has substantial merit and national importance. (2) You are well-positioned to advance the proposed endeavor. (3) On balance, it benefits the U.S. to waive the job-offer requirement. USCIS NIW policy and Matter of Dhanasar.

      Eligibility Requirements

      • Advanced degree (Master's, PhD, MD, JD) — or Bachelor's plus 5+ years progressive experience
      • Exceptional ability demonstrated through professional achievements
      • Proposed endeavor of substantial merit and national importance
      • Well-positioned to advance the proposed endeavor
      • On balance, beneficial to the U.S. to waive the job offer requirement

      Our Process

      Initial Evaluation

      We assess your qualifications, achievements, and proposed endeavor to determine NIW eligibility under the three-prong Dhanasar framework.

      Evidence Gathering

      Compile publications, citations, awards, recommendation letters, and impact evidence.

      Petition Drafting

      Craft a compelling brief addressing all three Dhanasar prongs with cited evidence.

      I-140 Filing

      Submit the immigrant petition to USCIS, optionally with premium processing (45-day adjudication).

      I-485 / Consular Processing

      Apply for adjustment of status or immigrant visa upon approval and visa availability.

      Document Checklist

      Diplomas and transcripts (with credential evaluations if foreign)
      List of publications, citations report (Google Scholar)
      5–8 expert recommendation letters
      Proposed endeavor statement / business plan
      Detailed CV/résumé
      Awards and honors documentation
      Evidence of media coverage, judging, leading roles
      Passport biographic page and prior visa stamps

      Key Benefits

      • No employer sponsorship needed
      • Freedom to change jobs or start a business
      • Concurrent I-485 filing when visa numbers are current
      • Spouse and unmarried children under 21 included
      • Path to permanent residency and citizenship

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      Frequently Asked Questions

      No. The National Interest Waiver removes both the job offer and the PERM labor certification requirements, allowing you to self-petition.

      Dhanasar is the 2016 AAO precedent that governs NIW adjudication. It requires showing (1) the proposed endeavor has substantial merit and national importance, (2) you are well-positioned to advance it, and (3) on balance, it benefits the U.S. to waive the job offer requirement.

      With premium processing, USCIS adjudicates the I-140 within 45 business days. Standard processing typically takes 6–12 months. Final green card timing depends on visa bulletin availability for your country of birth.

      Yes. Founders, entrepreneurs, and self-employed professionals frequently qualify. We document the venture's national importance, your unique qualifications, and traction (revenue, jobs created, investment, IP, partnerships).

      Independent third-party evidence carries the most weight: publications and citation counts, media coverage, contracts, grants, patents, peer-review or judging history, and detailed expert letters from independent referees.

      EB-2 NIW visa availability depends on country of birth and the monthly Visa Bulletin. As of 2026, EB-2 generally has current availability for most countries except India and China, which face multi-year backlogs. Premium processing (45 business days) speeds the I-140 decision but does not reduce the visa-bulletin wait.

      Yes. PhDs are squarely within EB-2 'advanced degree' eligibility. The harder question is whether the PhD's research is of national importance under Dhanasar Prong 1 and whether the candidate has demonstrated impact (citations, publications, conference presentations, patents) sufficient to satisfy Prong 2. We work with PhD candidates from early career through tenure-track appointments.

      EB-1A requires showing you are at the top of your field (sustained national/international acclaim, meeting at least 3 of 10 criteria). EB-2 NIW requires showing your work has national importance and you are well-positioned to advance it, but it does not require you to be at the very top. EB-1A has faster visa availability for most countries; EB-2 NIW has a wider qualification net.

      Questions About Your Case?

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      ATTORNEY ADVERTISING. The information on this website is for general informational purposes only and does not constitute legal advice or the formation of an attorney-client relationship. Prior results do not guarantee a similar outcome. An attorney-client relationship is only established through a formal, written agreement with our firm. Your use of this site is at your own risk.
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