EB-2 NIW: National Interest Waiver

No! That's the whole point of the National Interest Waiver - it waives the job offer and labor certification requirements. You can self-petition without an employer sponsor. However, you must demonstrate that your proposed endeavor has substantial merit and national importance, and that you're well positioned to advance it in the United States.

National interest is broadly interpreted. It can include work in STEM research, healthcare improvement, education, entrepreneurship, infrastructure development, environmental protection, national security, economic development, or any field that benefits the United States. You don't need to work for the government - private sector work that advances U.S. interests also qualifies. The key is demonstrating how your specific work provides substantial benefit to America.

Yes! You can apply for EB-2 NIW while maintaining any valid immigration status (H-1B, O-1, F-1, etc.). Since you're self-petitioning, your current employer doesn't need to be involved. You can continue working in your current position while your green card application is pending. Many professionals use EB-2 NIW as their path to permanent residence while working on temporary visas.

The I-140 petition currently takes 8-18 months for USCIS processing (premium processing is not available for NIW). After I-140 approval, if you're in the US, you'll file I-485 which takes an additional 8-12 months. If you're abroad, consular processing takes 3-6 months. Total timeline: 18-24 months on average. However, you may be able to work and travel while I-485 is pending using EAD and Advance Parole.