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

The EB-2 NIW (National Interest Waiver) visa category allows professionals with advanced skills or an advanced degree to apply for permanent residency in the United States without the need for a job offer. This means that by choosing this route, the process is conducted without explicitly depending on a sponsoring employer.

In this case, the requirement for the ‘prevailing wage’ – which refers to the average salary for that occupation in the region, commonly used in cases where an employer submits a job offer – does not apply. In processes involving labor certification, such as PERM, it is necessary to prove that the salary meets the prevailing standard to protect local workers.

However, since the EB-2 NIW waives the requirement of a job offer, this step is not part of the criteria. Even so, it is essential to strictly follow U.S. immigration laws and pay attention to official guidelines. It is recommended to always consult reliable sources and, if necessary, seek specialized advice to ensure all criteria are met and to avoid potential pitfalls from campaigns promising easy or guaranteed results.

Exercising caution helps protect your application and ensures the procedure complies with the regulations established by immigration authorities.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.