Is it true that the NIW is more subjective than the EB-2 PERM?

Partly, yes. The EB-2 NIW (National Interest Waiver) relies on a more qualitative assessment than the traditional EB-2 with PERM, because what is being evaluated is the merit and national importance of your work, not the completion of standardized steps.

In the EB-2 NIW, the applicant requests a waiver of the job offer and labor certification requirements and must persuade the authorities that their work has sufficient relevance to the country. Because this judgment weighs factors such as the originality, scope, and impact of the work, it allows for more room for interpretation and is therefore commonly perceived as more subjective.

The EB-2 with PERM, on the other hand, follows a more defined path led by the employer, who must recruit and demonstrate the unavailability of U.S. workers for the position. The steps are well established, which gives a sense of greater objectivity, even though the process can be bureaucratic and lengthy.

• NIW: qualitative evaluation of merit and national importance, with self-petition.
• EB-2 PERM: standardized path, dependent on an employer and labor certification.

It is worth noting that subjective does not mean arbitrary: even in the NIW, the decision follows official criteria. Before choosing a route, it is advisable to evaluate your profile with a specialist and check the updated requirements at the official source (USCIS).

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.