Do I need a ‘prevailing wage’ if there is no employer?

No. The EB-2 NIW allows professionals to petition for permanent residence without a job offer and without a sponsoring employer, so the prevailing wage requirement simply does not apply to this path.

The prevailing wage is the reference salary for an occupation in a given region and appears in processes where an employer sponsors a worker, such as labor certification (PERM). It exists to protect the working conditions of local workers when a real position is being filled.

Because the EB-2 NIW waives both the job offer and the labor certification, this step is not part of the process. What the applicant must demonstrate is the merit and national importance of their own work, not a salary tied to a specific position.

Requirements are evaluated on a case-by-case basis by the competent authority. It is worth reviewing the updated guidance from USCIS and, if needed, revisiting your strategy with a specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.