How to Obtain the U.S. Green Card Through an EB-2 NIW: A Step-by-Step Guide
Unlike other employment-based immigration options, the EB-2 NIW allows you to self-petition,no job offer or employer sponsorship is required.
But what exactly does the process look like? How does the EB-2 NIW lead to a Green Card? And what should you expect at each stage?
In this article, we walk you through the key steps of the EB-2 NIW process, from filing the petition to receiving your Green Card.
🟢 What Is a Green Card and What Does It Allow You to Do?
The Green Card, officially known as the Permanent Resident Card, is a document issued by the U.S. government that grants a foreign national the status of lawful permanent resident (LPR). This status comes with major benefits, including:
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The right to live permanently in the United States.
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The ability to work for any employer (with minimal exceptions).
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Access to certain public services, including education and selected healthcare programs.
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The possibility to apply for U.S. citizenship (naturalization) after meeting eligibility requirements (usually 5 years as a permanent resident).
Obtaining a Green Card is a major milestone for anyone planning a long-term future in the U.S., and the EB-2 NIW offers a direct and sponsor-free route to get there.
Step-by-Step: From Petition to Permanent Residency
Step 1: File Form I-140 – EB-2 NIW Petition
The process begins with filing Form I-140, Immigrant Petition for Alien Worker, under the EB-2 NIW subcategory. This is where you demonstrate that:
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You have an advanced degree or exceptional ability in your field.
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Your proposed endeavor has substantial merit and national importance.
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You are well positioned to advance the endeavor.
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It would benefit the U.S. to waive the requirement of a job offer and labor certification.
Supporting documentation typically includes an endeavor statement, personal statement, business plan, expert and testimonial letters, and a strong portfolio of evidence.
Step 2: I-140 Approval
When USCIS approves your I-140 petition, it means they recognize the merit of your case. However, this does not yet grant permanent resident status, nor does it authorize entry into the United States.
What it does mean is that you are eligible to move forward and apply for the Green Card, once an immigrant visa becomes available under your category.
✅ This is the most critical milestone in the EB-2 NIW process.
Step 3: Monitor the Visa Bulletin
Before you can apply for a Green Card, you must check whether an immigrant visa is currently available in your category and for your country of chargeability. This is done by reviewing the monthly Visa Bulletin, published by the U.S. Department of State.
You may proceed with the next step only when your priority date is “current.”
Step 4: Apply for Permanent Residency
If you are outside the U.S.:
You will go through consular processing. This means:
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Submitting Form DS-260 (Immigrant Visa Application).
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Attending an interview at a U.S. consulate or embassy.
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If approved, you will receive an immigrant visa.
Once you enter the U.S. using that visa, you will officially become a lawful permanent resident, and your Green Card will be mailed to your U.S. address.
If you are inside the U.S.:
You may be eligible to file Form I-485 (Adjustment of Status) once your priority date is current. This process allows you to change your immigration status from within the U.S., avoiding the need for a consular interview.
Why the EB-2 NIW Is a Strategic Path
The EB-2 NIW is increasingly popular among professionals looking for a streamlined, independent route to permanent residency.
Advantages of the EB-2 NIW:
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No employer sponsorship required.
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Self-petition, you control your case.
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Direct path to a Green Card.
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Ideal for entrepreneurs, researchers, consultants, and professionals in mission-driven work.
However, while the pathway is flexible, success depends on how well your petition is prepared. USCIS carefully evaluates whether the proposed endeavor truly serves the national interest and whether the petitioner has the qualifications and track record to carry it out.
Conclusion
The EB-2 NIW process involves several stages, but with the right preparation, it is one of the most rewarding immigration strategies available today. For professionals who meet the qualifications and want autonomy in their U.S. journey, this category offers a powerful route to the Green Card.
This article is for informational purposes only and does not constitute legal advice.
Need Help With Your EB-2 NIW Petition?
At DAL Global Partners, we specialize in preparing high-impact documentation for EB-2 NIW cases, including:
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Business plans tailored to your endeavor.
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Endeavor and personal statements.
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Expert and testimonial letters.
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Strategic advisory and bilingual support.