For the EB-2 NIW, do I need PERM?

No. One of the hallmarks of the EB-2 NIW is precisely that it waives labor certification, the process known as PERM. Instead of proving that no available U.S. worker can fill the position, the applicant requests that this requirement be set aside by demonstrating that their work has merit and national importance.

This is why the EB-2 NIW tends to be attractive: in addition to skipping PERM, it waives the job offer requirement and allows self-petition, meaning the professional can be their own petitioner without depending on an employer. In a standard EB-2 path without the NIW, PERM would normally be required and conducted by the sponsoring company.

• The NIW sets aside the labor certification requirement (PERM).
• It also waives the job offer and allows you to petition on your own.
• The burden shifts to demonstrating the national relevance of your work.

Since what constitutes national interest is evaluated on a case-by-case basis, it is worth checking the updated requirements from the official source and reviewing your profile with a specialist before filing.

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.