US Sets Conditions for Green Card Without Job Offer

The US government has specified three conditions that foreign professionals must fulfill to obtain a Green Card without a job offer, utilizing the National Interest Waiver (NIW) process under the EB-2 immigration classification. This waiver allows qualifying individuals to self-petition, bypassing the need for employer sponsorship and permanent labour certification from the Department of Labour.

To qualify for the NIW, applicants must first establish their eligibility for the EB-2 category as either professionals with advanced degrees or individuals with exceptional abilities in the sciences or arts. Once EB-2 eligibility is confirmed, applicants must demonstrate that: 1) their proposed endeavor has substantial merit and national importance, 2) they are well positioned to advance this endeavor, and 3) waiving the job offer requirement would benefit the United States.

All three conditions must be met for USCIS to approve the waiver. Although the NIW eliminates the need for a formal job offer, petitioners must still submit employee-specific portions of a permanent labour certification form.