Simplify the EB-2 NIW Green Card Process with LegalOS

A fast, expert path to U.S. permanent residency for advanced-degree or exceptional-ability professionals—no job offer or PERM required.
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Overview

What is the EB-2 NIW?

The EB-2 NIW lets qualified applicants self-petition for a green card without a U.S. employer or PERM labor certification. It’s ideal if your work has national importance (e.g., technology, research, healthcare, infrastructure, climate, education, entrepreneurship) and you can show you’re well-positioned to advance it.

U.S. Citizenship & Immigration Services applies a three-part test—often called the Dhanasar framework—to decide whether waiving the job-offer and labor-certification requirements is in the national interest.1  When prepared correctly, an NIW petition can be approved in as little as 45 days with premium processing, allowing you (and your family) to move straight into adjustment of status or consular processing. LegalOS pairs AI-powered document analysis with expert attorneys to craft an NIW strategy that maximizes approval odds while cutting weeks off the timeline.

1  See the official USCIS Policy Manual, Vol. 6, Pt. F, Ch. 5 (National Interest Waiver).

The Dhanasar Test

Requirements & Eligibility (Dhanasar)

To qualify, your petition must satisfy all three:

1. Substantial merit & national importance – Your proposed endeavor benefits the U.S. beyond a single employer or region.

2. Well‑positioned to advance the endeavor – Your track record, plan, and resources credibly support future impact.

3. On balance, waive the job offer & PERM – Granting the waiver benefits the U.S. given your contributions and timing.
Evidence Checklist 
Clear Proposed Endeavor Statement (problem → solution → U.S. benefits)
CV/resume; degrees, licenses, specialized training
Publications, patents, citations, standards, datasets, software
Awards, grants, contracts, funding, commercialization
Media, speaking, leadership, advisory roles
Letters of recommendation (independent experts + informed insiders)
Business plan (where relevant: founders/operators)
Eligibility

Who Qualifies

LegalOS pairs expert attorneys with automation to help accelerate your U.S. expansion.

Entrepreneurs & Founders

Researchers, professors, and engineers

Executives & Managers

Software engineers, data scientists & designers

Experts with advanced STEM, healthcare, policy, education, and finance degrees

Professionals advancing public-interest or infrastructure projects

What We Do

EB-2s made simple with LegalOS

Preparing and filing your EB-2 NIW application
Ensuring that all necessary documents are complete and accurate
Coordinating with your team to gather all necessary information
Offering ongoing support and assistance throughout the process
Benefits

EB-2 NIW Visa Benefits

LegalOS uses technology and legal guidance to help accelerate you U.S. business expansion

Self-Petition Option

Unlike many other employment-based visas, the
EB-2 NIW allows you to self-petition without an employer.

Flexible Career Path

EB-2 NIW holders have more freedom to change employers or pursue self-employment after
obtaining their green card.

No Labor Certification

The NIW waives the PERM Labor Certification requirement, saving significant time and resources.
Our Advantage

Why choose LegalOS for EB-2 NIW?

Our expert immigration attorneys use our proprietary software to create high-quality visa applications with unparalleled efficiency.

AI-Powered Case Analysis

Our AI technology analyzes your application, identifying strengths and potential areas for improvement.
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Visa Approval

We have a long track record of visa success. We know exactly what works, and what doesn't.
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Expert Legal Advice

Our attorneys have 40+ years of experience; near‑100% approval rate.
Process

How it Works

Step 1: Free Evaluation

You'll meet with an attorney who reviews your background and proposed endeavor. You’ll get a tailored checklist and next steps

Step 2: Evidence mapping

We align your record to the three Dhanasar prongs—what you already have, gaps to close, impact metrics to highlight.

Step 3: Letters & Exhibits

We help pick referees, provide outreach templates, and draft letters. In parallel we compile exhibits (press, patents, pilots, traction) and QC for consistency.

Step 4: File I‑140 (NIW) Petition

We assemble forms and a persuasive legal brief, package the petition, and file. Premium processing is available with a 45-business-day target for I-140 action.

Step 5: Adjustment of Status

When a visa number is current, file I-485 in the U.S. (often with EAD/AP) or proceed via consular processing abroad. We guide biometrics and interview prep.

Step 6: Get Your Green Card

Once your Adjustment of Status (I-485) is approved, you’ll receive your physical green card by mail within ~1–3 weeks. We'll also help with post-approval steps (SSN/ID, I-9, travel, status maintenance) and keep your documents organized

Don’t take our word for it

Hear from some of our amazing customers
"I think you guys have an amazing concept and you follow through with amazing customer service. I've referred some of my friends and I'll continue to do so."
Joseph D.
Edison, New Jersey
"Thank you for helping file my EB-2 & I-140 paperwork. I have had a very bad time with my previous company and their legal firm.
You have changed the course of my life and I am thankful for your help."
Vijay B.
Bellevue, Washington
"Recently learned of this site. Super easy and trustworthy. Felt comfortable working with them and emailing whenever it was necessary. Would recommend them anytime!"
David P.
Philadelphia, Pennsylvania
Support

EB-2 NIW FAQs

Everything you need to know about the product and billing.
How long does the EB-2 NIW process take?
With premium processing, USCIS must adjudicate the I-140 in 45 days. Total green-card timing is 8-14 months for most applicants, depending on priority-date backlog and whether you file adjustment of status inside the U.S.
Do I need an employer or job offer for an EB-2 NIW?
No. The NIW category allows you to self-petition.

Many founders and researchers apply while freelancing or running their own startups!
What evidence best supports the Dhanasar test?
A clear endeavor statement, track record (papers/patents/products/impact), resources & plan, and concrete U.S. benefits.
What evidence should I include in an EB-2 NIW business plan?
A market analysis, revenue or funding projections, U.S. job-creation numbers, and letters from investors or industry leaders that tie your venture to U.S. national-interest goals.
What fees should I expect for the I-140 NIW?
Plan for the $715 I-140 fee, optional $2,805 premium processing, and the Asylum Program Fee (typically $600; $300 for small employers/self-petitioners; $0 for certain nonprofits).
How many recommendation letters do I need?
There’s no fixed number; 3–6 strong letters are common. Prioritize independent experts who can quantify your impact and national importance.
Does my spouse or child get a green card too?
Yes—your spouse and unmarried children under 21 may be included as derivatives.
What happens after my I-140 is approved?
If you’re in the U.S. and a visa number is current, you file Form I-485 for adjustment of status. Otherwise, you complete consular processing in your home country.

Still have questions?

Can’t find the answer you’re looking for? Chat with our team or book a free NIW strategy call.