Skip to main content
EB-2 NIW · National Interest WaiverOngoingFree Dhanasar check live · Full Self-Petition tier coming next

Self-petition for a U.S. green card. No employer required.

EB-2 NIW lets qualified individuals petition for permanent residence without an employer sponsor or PERM labor certification. Visacub turns the Matter of Dhanasar 3-prong framework into a structured AI-DIY workflow — AI-drafted petition letter, per-prong evidence builder, I-140 form generation. $299 per petition vs $5,000+ typical immigration lawyer fee.

No employer or PERM AI petition in 2 hours $299 vs $5,000+ lawyer fee Premium Processing eligible (15 days)

What is EB-2 NIW?

EB-2 NIW (National Interest Waiver) is a U.S. employment-based green-card category under INA §203(b)(2)(B) that waivesthe standard EB-2 requirements of an employer sponsor and PERM labor certification — when the petitioner's work is in the U.S. national interest.

It is a self-petition category. You file directly. No company has to sponsor you. You can be employed, unemployed, or running your own venture.

Eligibility is determined under Matter of Dhanasar (AAO 2016), which set a three-prong framework that USCIS has applied since. Strong NIW cases satisfy all three prongs with concrete, well-organized evidence.

Source: 26 I&N Dec. 884 (AAO 2016) — Matter of Dhanasar; INA §203(b)(2)(B); USCIS Policy Manual Vol. 6 Part F Ch. 5.

The Matter of Dhanasar 3-prong framework

USCIS officers apply this exact framework to every NIW petition. All three prongs must be satisfied — independently, with separate evidence.

01

Substantial merit & national importance

The proposed endeavor must have substantial merit (in business, science, technology, education, the arts, or another field) AND broader importance beyond the petitioner's own work or employer.

Typical evidence

  • Endeavor statement and roadmap
  • Industry/government reports showing the field's importance
  • News coverage and policy documents citing your domain
  • White papers, market research
02

Well-positioned to advance the endeavor

The petitioner's education, skills, knowledge, record of success, plan, and progress must show they can plausibly advance the endeavor — not abstract qualifications, but concrete evidence of momentum.

Typical evidence

  • Degrees, transcripts, professional credentials
  • Publications and citation record
  • Patents, awards, recognized contributions
  • Independent recommendation letters
  • Employment record, prior funding, media coverage
03

On balance, beneficial to waive the job-offer requirement

The petitioner must show that, on balance, it would benefit the U.S. to waive the standard EB-2 requirements (job offer + PERM labor certification) — typically because requiring labor cert is impractical or contrary to the national interest.

Typical evidence

  • Comparative analysis: why PERM is impractical for your endeavor
  • Evidence the U.S. has urgent or unique need for your work
  • Demonstration that your contribution exceeds standard EB-2 candidates

How Visacub guides your NIW

From eligibility check to USCIS-ready petition package — five steps, structured around the Dhanasar prongs.

  1. 01

    Free eligibility assessment

    Dhanasar 3-prong scored

  2. 02

    AI drafts your petition letter

    Mapped to all 3 prongs

  3. 03

    Evidence builder

    Per-prong document upload

  4. 04

    I-140 form & exhibit indexing

    Auto-generated, USCIS-ready

  5. 05

    File with USCIS

    I-140, premium optional

NIW vs. EB-1A

Both are self-petition categories. Choose based on the standard you can satisfy.

DimensionEB-2 NIWEB-1A
Standard / 标准Advanced degree + national interestExtraordinary ability (top of field)
Self-petition / 自申请YesYes
Employer required / 需要雇主NoNo
Evidence framework / 证据框架Dhanasar 3 prongs10 regulatory criteria (meet 3+)
Approval bar / 通过门槛LowerHigher
I-140 fee (2024)$715$715
Premium processing$2,805 (15 days)$2,805 (15 days)

Frequently asked

What is EB-2 NIW?

EB-2 NIW (National Interest Waiver) is a U.S. employment-based green card that lets qualified individuals self-petition without an employer or PERM labor certification. Eligibility follows the Matter of Dhanasar (AAO 2016) 3-prong framework.

Can I file NIW without a lawyer?

Yes. NIW is legally a self-petition category — many petitioners successfully file pro se. Visacub's $299 Self-Petition tier provides everything you'd otherwise pay a lawyer $5,000+ to assemble: AI-drafted petition letter mapped to all three Dhanasar prongs, per-prong evidence builder, recommendation letter templates, and I-140 form generation. Visacub does not bundle attorney services — if you want representation, hire a licensed U.S. immigration attorney independently.

How is NIW different from EB-1A?

Both are self-petition. EB-1A requires the higher 'extraordinary ability' standard (sustained national or international acclaim) judged against 10 regulatory criteria. NIW requires advanced degree or exceptional ability + national interest under the Dhanasar 3 prongs. Many petitioners not eligible for EB-1A succeed under NIW.

How long does NIW take?

USCIS I-140 adjudication: 6-12 months at standard processing, ~15 days with Premium Processing ($2,805, available for NIW since 2023). Subsequent adjustment of status / consular processing adds 6-24+ months depending on country of birth and visa-bulletin priority dates.

What does Visacub charge for NIW?

Two tiers. Free ($0): Dhanasar 3-prong eligibility check, per-prong match score, no signup required for first analysis. Self-Petition ($299 per petition): AI-drafted NIW petition letter (Dhanasar 3-prong), per-prong evidence builder, recommendation letter templates, I-140 form generation, exhibit indexing, case tracking dashboard. Compare to typical immigration-attorney NIW representation fees of $5,000+. USCIS filing fees ($715 I-140 + optional $2,805 Premium Processing) are separate from Visacub's platform fee.

Start your NIW assessment — free

5 minutes. Dhanasar 3-prong scored. No signup required for the first analysis.