Akorli Law Group — Can You Self-Petition for an EB-2 NIW?

Can You Self-Petition for an EB-2 NIW?

Last updated on September 11, 2026

The NIW removes the ordinary need for a permanent job offer and labor certification.

Self-petitioning is permitted

An applicant seeking a national interest waiver may file Form I-140 without an employer petitioner. The waiver reaches the job-offer requirement and, with it, the labor-certification requirement.

Self-petition does not mean an easy case

The applicant must still establish EB-2 qualification and all three NIW prongs. Evidence may include a detailed proposed-endeavor statement, education and experience records, prior results, business or implementation plans, contracts, funding, government interest, expert analysis, and objective documentation of prospective impact.

Employment can still matter

An employer, client, collaborator, or other institution may provide important evidence even when none serves as petitioner. The legal benefit is flexibility; the evidentiary burden remains with the applicant.