National Interest Waiver (NIW)

EB-2 is the employment-based second preference, for members of the professions holding an advanced degree or people of exceptional ability. USCIS says an advanced degree is any US academic or professional degree above a bachelor's, or a foreign equivalent, and that a US bachelor's or equivalent followed by at least five years of progressive experience in the specialty counts as equal to a master's.

Normally an EB-2 petition needs a job offer and a PERM labor certification. USCIS says a waiver of the job offer also waives the labor certification, so the person may file as a self-petitioner, without an employer.

The USCIS Policy Manual, following Matter of Dhanasar, says USCIS may grant the waiver as a matter of discretion if the petitioner shows that:

1. the proposed endeavor has both substantial merit and national importance;
2. the person is well positioned to advance it; and
3. on balance, it would benefit the United States to waive the job offer and labor certification.

USCIS says benefits limited to a single employer generally do not show national importance, and that a national labor shortage alone is not enough for the third prong.

Doctors have a separate, rule-based version. The USCIS Policy Manual says a physician qualifies if they agree to work full time in clinical practice providing primary or specialty care in a designated underserved area (a Health Professional Shortage Area, Medically Underserved Area or Medically Underserved Population) or at a Veterans Affairs facility, for an aggregate of 5 years.

• A federal agency or a state department of public health with jurisdiction over the area must determine that the work is in the public interest; for work not yet started, its letter must be dated within 6 months before filing.
• Time in J-1 status does not count toward the 5 years.
• The physician can file before finishing the service, but cannot become a permanent resident until the 5 years are complete.
• A doctor who trained on a J-1 must still obtain a waiver of the two-year home residence rule, such as a Conrad 30 waiver.

The petition is Form I-140 with a copy of Form ETA-9089 Appendix A and a signed Final Determination. The G-1055 fee schedule lists $715 on paper or $665 online, plus a $300 Asylum Program Fee for a self-petitioner. Premium processing costs $2,965, and USCIS then acts within 45 business days. The I-140 filing date becomes the priority date, and you then wait for the EB-2 date in the Visa Bulletin.

Rarely. USCIS notes that a registered nurse job usually does not require an advanced degree, and a shortage of nurses alone does not meet the third prong. Most nurses use Schedule A and the EB-3 route, which also avoids PERM.