Why the EB-2 NIW Is Different
The EB-2 National Interest Waiver is designed for professionals whose work significantly benefits the U.S. Unlike traditional green card paths, this one allows you to self-petition — no employer, no labor certification.
Whether you're a public health researcher, an engineer solving national infrastructure challenges, or an entrepreneur driving innovation, the EB-2 NIW gives you the freedom to take control of your immigration journey.
Do You Qualify for the EB-2 NIW?
We break it down clearly and simply.
You may qualify if:
👉 Your work has substantial merit and national importance
👉 You're well-positioned to advance your work in the U.S.
👉 It would be beneficial to the U.S. to waive the job offer and labor certification requirements
Why Choose the EB-2 NIW?
You can file the petition yourself—no employer or sponsor is necessary, as long as your work benefits the U.S.
No Sponsorship is Required
Avoid the lengthy and restrictive Department of Labor process entirely and move forward more efficiently.
No PERM/Labor Certification
Expedite your petition and receive a decision in as little as 45 days (as of current USCIS timelines).
Premium Processing Available
Your spouse and children under 21 qualify too
Green Cards for Family
Perfect for those making a public impact in the U.S.
Ideal for Mission-Driven Professionals
How the EB-2 NIW Process Works
01
Assess Eligibility
Confirm that your background meets the NIW standards
02
File Form I-140
Petition for permanent residency through USCIS
03
Choose Your Adjustment Path
👉In the U.S.? File Form I-485
👉 Abroad? Complete consular processing with Form DS-260
04
Biometrics & Interview
Attend appointments to confirm identity and eligibility
05
Get Your Green Card
Start building your life in the U.S. You have the freedom to work, study, and live without restrictions, and take full advantage of the opportunities ahead.
What You'll Need
To strengthen your EB-2 NIW petition, you'll typically include:
👉 A clear description of your proposed work and its national impact
👉 Evidence that you're well-positioned to carry out this work (CV, experience letters, past achievements)
👉 Proof that waiving the job offer is in the national interest
👉 Supporting documentation such as:
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Publications, citations, or media mentions
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Letters of recommendation from experts in your field
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Government or nonprofit partnerships (if applicable)
What Can Go Wrong (And How We Prevent It)
Weak documentation?
We help you build a compelling petition with tailored evidence.
Unclear fit for NIW criteria?
Our legal team evaluates your case and positions your story to match USCIS priorities.
Processing delays?
We track your case at every step and use premium processing when applicable.
Frequently Asked Questions
Can I apply without an Employer Sponsoring Me?
Yes. The NIW allows you to self-petition without employer sponsorship. This gives you more flexibility and control over your immigration process.
What kind of work qualifies?
Projects with broad impact — such as healthcare, infrastructure, education, clean energy, technology innovation, or national security — may qualify. Your work should demonstrate both national importance and potential to benefit the U.S.
Can my family come with me?
Yes. Your spouse and unmarried children under 21 are eligible for green cards as dependents. They can also live, work, and study in the U.S. while your petition is processed.
How long does the EB-2 NIW process take?
Timelines vary, but I-140 approval with premium processing can take as long as 45 business days. The full process may take several months depending on your case and whether you’re adjusting status or consular processing.
Real People, Real Results
SPLO handled my EB-2 NIW with great professionalism. They made the process easy, and I’m so grateful to now call the U.S. home!
— Dr. S. Martinez, Research Scientist
SPLO made the EB-2 NIW process simple and clear. They answered all my questions fast. Couldn’t have done it without them!
— A. Chen, Software Engineer
SPLO guided me patiently through the EB-2 NIW steps. Thanks to them, my petition was approved quicker than I expected.
— Dr. Pushpa R, Environmental Scientist
Shan D Potts
Human Rights Attorney and Global Advocate for Justice
Shan Potts is instinctively oriented with an imaginative mind and an optimistic outlook. Shan has exemplified perseverance, determination, and a profound belief in the power of justice. While his journey boasts significant professional achievements, it's the undercurrent of his indomitable spirit and dedication to fairness that truly sets him apart.
Gil Mata
Business, Employment and Family-Based Immigration
Mr. Mata earned his Juris Doctor degree from Irvine College of Law, and is a seasoned immigration professional who has been in the field for 26 years. He handles employment-based visas, including EB-1, NIW, PERM (EB-2/EB-3), and ensures compliance with immigration laws. He plays a key role in the firm’s strategy and is fluent in Tagalog.
Meet the Experts
Why Choose Shan Potts Law Firm?
EB-2 NIW Immigration Experts
We focus exclusively on EB-2 NIW cases and truly understand the unique needs of skilled professionals and researchers. Our personalized strategies carefully highlight your achievements and help you secure U.S. permanent residency smoothly and efficiently.
Proven Track Record
With a Glendale-based practice and a track record of assisting over 3,000 clients, our attorneys have deep experience in even the most complex visa and green card cases. turn legal jargon into clear, actionable steps—so you can focus on advancing your career.
23+ Years of Experience
With more than 23 years guiding clients through complex immigration cases, including EB-2 NIW petitions, our team knows how to prepare strong applications that stand out. We provide personalized support every step of the way to help ensure a smooth, successful process.
Transparent Process
We offer unlimited, clear legal guidance throughout your EB-2 NIW process—no surprise fees. You’ll receive proactive advice on petition strategy, documentation, and timelines, all with flat-fee pricing so your budget stays predictable and free of hidden costs.