What is the difference between regular EB-2 and EB-2 NIW?

Both belong to the same second preference employment-based immigration category in the United States, aimed at qualified professionals, but the path to a green card is quite different. The central distinction lies in who files the petition and what must be proven.

In the regular EB-2, there is a U.S. employer that sponsors the candidate and, in most cases, carries out a labor certification process to demonstrate that no qualified U.S. worker was available for the position. The process depends on that job offer and on the employer’s willingness to conduct the proceedings.

The EB-2 NIW (National Interest Waiver) requests a waiver of precisely those two requirements. Instead of a job offer and labor certification, the candidate demonstrates that their work has merit and national importance, which allows for self-petition: the candidate files the petition themselves, without relying on a sponsor.

• Regular EB-2: requires an employer, a job offer, and typically labor certification.
• EB-2 NIW: waives those requirements and allows the candidate to petition on their own.
• Both target qualified professionals within the same preference category.

Which route makes more sense depends on your profile and whether you have an employer willing to sponsor you. It is worth evaluating your case with a specialist before deciding.

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.