Permanent residency (green card)
EB-2 National Interest Waiver
A self-petitioned green card that waives the usual job-offer and labor-certification requirement when your work is judged to be in the US national interest.
EB-2 is normally an employer-sponsored green card category requiring an advanced degree or exceptional ability plus a labor certification. The National Interest Waiver lets a self-petitioner skip the job offer and labor certification when USCIS finds it's in the national interest to do so.
Category
Permanent residency (green card)
Best for
Founders with an advanced degree or strong domain expertise whose startup addresses a problem they can credibly argue matters to the national interest (e.g. health, energy, critical technology).
Eligibility
- Advanced degree (master's or higher, or a bachelor's plus 5 years of progressive experience) or documented exceptional ability in the sciences, arts, or business.
- USCIS applies the Dhanasar three-prong test: (1) the endeavor has substantial merit and national importance, (2) the petitioner is well positioned to advance it, and (3) on balance it would benefit the US to waive the job offer/labor certification requirement.
- No employer sponsor or labor certification required.
Benefits
- Fully self-petitioned — no employer needed.
- Skips the PERM labor certification process entirely, which is often the slowest part of employment-based immigration.
- A well-suited category for founders whose startup itself is the qualifying "endeavor."
Tradeoffs to know
- The three-prong test is subjective and requires a well-built evidentiary case, typically with expert letters and a detailed business/technical plan.
- Visa-number backlogs for EB-2 can be significant depending on country of birth.
How to apply
File Form I-140 with the National Interest Waiver request, including a detailed statement addressing all three Dhanasar prongs and supporting evidence.
Immigration law changes frequently and eligibility is highly fact-specific. This is a starting-point reference, not legal advice — talk to a qualified immigration attorney before choosing or relying on any pathway here.