To apply for an EB-2 NIW, you must file Form I-140 (Immigrant Petition for Alien Worker) with USCIS and request a waiver of the job offer and labor certification requirements. You’ll need to provide evidence showing that your work has substantial merit and national importance, that you are well-positioned to advance your field, and that waiving the job offer is in the national interest. You may file Form I-485 concurrently if a visa number is available.

The EB-2 NIW process involves submitting a self-petition through Form I-140, supported by strong documentation proving your qualifications and the national importance of your work. Unlike regular EB-2 cases, no employer sponsorship or PERM labor certification is required. If you’re in the U.S. and a visa is available, you can file Form I-485 for adjustment of status at the same time.

Applying for an EB-2 NIW requires a detailed petition showing that your work benefits the U.S. broadly. You must prepare and submit Form I-140, along with evidence that meets the three-prong test your work has national importance and merit, you are well-positioned to advance it, and it would be beneficial to waive the labor certification requirement. You can file independently no employer is needed.