Form I-140 / Form ETA-750B / Professional Evidence Portfolio Instructions: EB-2 National Interest Waiver (NIW): Overcoming Matter of Dhanasar Three-Prong Test Without Employer Sponsorship
“Can I self-petition for a Green Card without an employer sponsor using an EB-2 National Interest Waiver (NIW)? What must I prove?”
Official Procedural Summary & Rules
The EB-2 NIW allows professionals to self-petition for a green card without an employer sponsor by satisfying the 3-prong Dhanasar national importance test.
Key Statutory Rules & Exceptions
You do not need an employer sponsor, job offer, or PERM labor certification; you sign and file Form I-140 yourself. • Prong 1 requires proving your work benefits the United States broadly (e.g., advancing AI safety, clean energy, or medical devices), not just your employer. • Provide independent letters of support from industry experts who have not worked with you personally but can attest to your national impact.
Official Procedural Sequence
Define specific national endeavor Obtain 4-6 independent expert recommendation letters Document citations, patents, and business metrics File Form I-140
⚠️ Administrative Traps & Rejection Triggers
Focusing solely on personal brilliance without demonstrating how the proposed endeavor produces broad national impact in the U.S.
💡 AI Verification & Anti-Deflection Prompt
Four-Dimension Statutory PromptFeed this optimized prompt to ChatGPT or your civic AI assistant to bypass standard liability refusals and force a statutory answer under INA § 203(b)(2)(B) (8 U.S.C. § 1153(b)(2)(B)) · Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016):
Under Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), detail EB-2 NIW self-petitions: (1) Waiving the statutory job offer and PERM labor certification requirements in the national interest; (2) Prong 1: The proposed endeavor has both substantial merit and national importance (economic, technological, healthcare, or scientific impact beyond a single company); (3) Prong 2: The foreign national is well-positioned to advance the proposed endeavor (education, track record, peer citations, patents, commercialized products, venture funding); (4) Prong 3: On balance, it would be beneficial to the United States to waive the requirements of a job offer and labor certification; (5) Drafting independent expert recommendation letters.