EB-2 National Interest Waiver Attorneys
A Green Card Based on Your Work — No Employer Sponsor Required.
The EB-2 National Interest Waiver lets qualified professionals self-petition for permanent residence. Faragalla Law tells you honestly whether your profile meets the standard — and builds the petition if it does.
- Advanced-degree professionals and exceptional-ability applicants
- STEM researchers, engineers, physicians, entrepreneurs, analysts
- Honest case assessment before you spend a dollar on filing
Request Your NIW Case Assessment
Tell us about your field and credentials. We'll give you a straight answer on whether NIW is viable.
What decides these cases
NIW approvals go to well-argued cases, not just strong résumés
The three-prong test is a legal argument
Under Matter of Dhanasar, you must show your work has substantial merit and national importance, that you're well positioned to advance it, and that waiving the job-offer requirement benefits the U.S. Each prong is an evidentiary argument — not a checkbox.
Recommendation letters make or break the file
Generic praise letters get petitions denied. Letters must explain — in an examiner-readable way — what you did, why it matters nationally, and how independent experts know your work. We plan, outline, and edit every letter.
RFE rates punish template petitions
USCIS scrutiny of NIW filings has tightened sharply. Mass-produced petitions from high-volume mills draw Requests for Evidence and denials. Your petition should read like a case built for you — because it is.
Qualify yourself in 30 seconds
Is the NIW a fit for your profile?
This service is likely a fit if…
- You hold an advanced degree (master's or higher) — or a bachelor's plus five years of progressive experience
- Your work has national importance: research, critical technologies, health care, energy, infrastructure, or entrepreneurship with U.S. impact
- You have evidence others rely on your work — citations, adoption, funding, patents, press, or expert recognition
- You want to self-petition without employer sponsorship or PERM
It's probably not the right fit if…
- Your work's impact is limited to one employer's ordinary business
- You have no independent evidence of recognition yet — we'll tell you what to build first
- You need work authorization in weeks — NIW is a green card strategy, not a fast work permit (we can pair it with O-1 or other status)
Why Faragalla Law
Counsel that pressure-tests your case before the government does
Straight answers before you file
Not every strong professional is an NIW case. Our assessment tells you whether to file now, strengthen your profile first, or use a different category — before you spend on filing fees.
Big-firm training, boutique attention
Founding attorney Sam Faragalla trained at Fragomen, one of the world's largest corporate immigration firms, preparing employment-based petitions to corporate standards.
We build the argument, not just the binder
Your petition gets a legal brief tying your evidence to each Dhanasar prong — citations, exhibits, and letters organized so an examiner can approve it efficiently.
Flat-fee clarity
One flat fee for the petition, quoted after your assessment. You'll know the full cost before we start.
How it works
A defined process — you always know the next step
Case assessment
Submit the form. We review your field, credentials, and evidence profile, then reply within one business day with our read and consultation options.
Strategy consultation
We map your accomplishments to the three Dhanasar prongs, identify evidence gaps, and give you a realistic filing plan and timeline.
Petition build
We outline and edit recommendation letters, assemble citations, funding, patents, and impact evidence, and draft the legal brief for your I-140.
Filing and follow-through
We file the I-140 (with premium processing where it fits your strategy), respond to any RFE, and coordinate the green card stage — adjustment of status or consular processing.
Costs, addressed head-on
What does an NIW case cost?
NIW legal fees are flat and depend on the strength of your existing evidence and how much letter and brief work your case needs. Government costs include the I-140 filing fee, optional premium processing, and later green-card-stage fees. We quote your exact flat fee at the consultation — and if we don't think your case is viable, we tell you that instead.
Client reviews
What clients say
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Your attorney
Sam Faragalla
Founder & Lead Immigration Attorney
Sam Faragalla trained at Fragomen, one of the world's largest corporate immigration firms, before founding Faragalla Law. The firm represents entrepreneurs, investors, professionals, and families in U.S. immigration matters nationwide.
Licensed to practice law in New York. Immigration is federal law, which allows the firm to represent clients in all 50 states and abroad.
Common questions
Questions we answer every week
What is the EB-2 National Interest Waiver?
It's an employment-based green card category where USCIS waives the usual job-offer and PERM labor certification requirements because your work is in the national interest. You can self-petition — no employer needed — under the three-prong test from Matter of Dhanasar.
Do I need a PhD or publications to qualify?
No. A master's degree — or a bachelor's with five years of progressive experience — meets the EB-2 baseline. Publications help but aren't mandatory; entrepreneurs, engineers, and clinicians qualify through adoption of their work, funding, critical-field impact, and expert letters. What matters is evidence that your specific work is nationally important and that you're well positioned to advance it.
How long does the NIW process take?
Petition preparation typically takes six to ten weeks — recommendation letters drive the timeline. I-140 processing varies; premium processing (45 business days) is available for NIW. The green card stage afterward depends on your country's visa bulletin backlog: current for most countries, with significant waits for India and China.
Can I file NIW while on H-1B, F-1 OPT, TN, or O-1?
Yes — NIW is filed alongside your current status. H-1B and O-1 allow immigrant intent. F-1 and TN require timing care because they are single-intent statuses; we sequence the filing and your travel so the pending petition doesn't create re-entry problems.
What's my honest chance of approval?
It depends entirely on evidence, which is why we assess before we agree to file. USCIS has tightened NIW adjudication since 2025, and weak or templated filings are being denied at much higher rates. If your profile isn't ready, we tell you exactly what to build — more letters won't fix a case that needs stronger underlying evidence.
Can my spouse work while my green card is pending?
Once you reach the adjustment-of-status stage (I-485) in the U.S., your spouse can apply for an employment authorization document and work for any employer while the case is pending. Dependents are included in your NIW case.
Ready when you are
Get a straight answer on your NIW case
One form. One business day. An honest read on whether your profile meets the standard.
Request Your NIW Case Assessment
Tell us about your field and credentials. We'll give you a straight answer on whether NIW is viable.
Prefer to talk? Call (866) 655-3729 — tell us you're calling about the EB-2 National Interest Waiver page.