Do I need a job offer and labor certification for EB-2, or can I self-petition with a National Interest Waiver?

In the standard EB-2 route, a US employer obtains a permanent labor certification (PERM) from the Department of Labor and then files Form I-140 with a permanent job offer. This proves no qualified US worker is available for the role.

The National Interest Waiver (NIW) is the exception: USCIS can waive the job offer and therefore the labor certification when it is in the national interest. Because no job offer is required, you may file the I-140 as a self-petitioner. You still submit the employee-specific portions of a labor certification form (such as ETA-9089) for reference, but it does not need DOL approval. NIW is popular with researchers, entrepreneurs and professionals whose work has broad importance.