NIWStats /EB2-NIW self-petition
EB2-NIW · Self-petition

EB2-NIW self-petition: can you file without a lawyer, and how did self-filed cases go?

Updated

Yes — the NIW needs no employer or attorney. 21% of tracked cases on NIWStats were self-filed. Of those decided between Jul 2026 and Sep 2026, 18 were approved and 21 denied.

See the self-filed cases Based on 742 tracked cases on NIWStats
as of September 2026

"Self-petition" trips people up because it means two different things. The National Interest Waiver is a self-petition category — it waives the job offer, so you don't need an employer to sponsor you and you file the I-140 for yourself. Filing pro se — preparing the petition and its Dhanasar argument yourself instead of hiring an attorney — is a separate choice.

79%

used an attorney (587 of 742).

21%

filed on their own (155 of 742).

0

employers required — the waiver removes the sponsor requirement entirely.

Based on 742 tracked cases on NIWStats with a known filing method.

Outcomes

How self-filed cases were decided

Self-filed and attorney-filed cases side by side, as of September 2026.

FiledCasesGot an RFEDecidedApprovedDenied
Self-filed15583391821
With an attorney5872751137241

Based on 742 tracked cases on NIWStats. Decided = shared while pending and decided between Jul 2026 and Sep 2026. Counts, not a rate: self-filers and attorney cases differ in field and profile.

Latest decisions

Recent self-filed decisions

The newest decisions on self-filed cases tracked on NIWStats.

Approved · Life Sciences / Biotech · bit of both · premium · no RFE · filed Mar 2026 ⟳ trackedweek of Sep 28
Approved · Nuclear systems modeling · bit of both · premium · after an RFE · filed Nov 2025 ⟳ trackedweek of Sep 28
Approved · CS / Software / Data · bit of both · premium · after an RFE · filed Mar 2026 ⟳ trackedweek of Sep 21
Approved · Therapeutic interventions for kidney cancer · research · premium · no RFE · filed Jul 2026 ⟳ trackedweek of Sep 21
Denied · Safety training specialist · bit of both · premium · after an RFE · filed Jun 2026 ⟳ trackedweek of Sep 21
Approved · Arts / Humanities · industry · premium · after an RFE · filed Jun 2026 ⟳ trackedweek of Sep 21
Denied · Arts / Humanities · industry · premium · after an RFE · filed Feb 2026 ⟳ trackedweek of Sep 14
Approved · Epidemiology · research · premium · after an RFE · filed Feb 2026 ⟳ trackedweek of Sep 14

Decision week and filing month shown, not exact dates. All self-filed cases →

By profile

Who goes it alone

Share of tracked cases filed without an attorney, by profile.

Research
58 / 408
Industry
60 / 212
Bit of both
37 / 122
Filed without an attorney, as a share of each profile. 742 tracked cases
The process

How an NIW self-petition works

What you file

Form I-140, requesting EB-2 classification with a national interest waiver. Form I-907 is optional and adds premium processing. No PERM labor certification. Current fees at USCIS.

What USCIS weighs

First, EB-2 eligibility: an advanced degree or exceptional ability. Then the three Matter of Dhanasar prongs:

  1. The proposed endeavor has substantial merit and national importance.
  2. You are well positioned to advance it.
  3. On balance, waiving the job offer and labor certification benefits the United States.

What tracked petitions reported, by degree, publications and citations: EB2-NIW requirements.

What usually goes in

A petition letter arguing each prong, a CV, degree evidence, recommendation letters, and evidence of your record and plans. Details on the USCIS EB-2 page.

What comes next

A decision or a Request for Evidence. See premium processing timing and how RFEs play out.

Every number on this page comes from cases tracked against USCIS on NIWStats; cases compiled from public posts aren't counted here. Not official USCIS statistics, and not legal advice. How we collect & count →

Common questions

EB2-NIW self-petition FAQ

Can I file EB2-NIW without a lawyer?

Yes — no employer or attorney is required. Among 742 tracked cases on NIWStats, 155 were self-filed and 587 used an attorney.

Do self-petitioned NIW cases get approved?

Some are. Of the self-filed cases tracked on NIWStats and decided between Jul 2026 and Sep 2026, 18 were approved and 21 denied. Attorney-filed cases in the same period: 72 approved, 41 denied.

Do self-filers get more RFEs?

Among tracked cases on NIWStats, 83 of 155 self-filed cases and 275 of 587 attorney-filed cases have received an RFE so far. Pending cases can still get one.

Do I need an employer to sponsor an NIW?

No. The National Interest Waiver waives the job-offer and labor-certification requirement, so you petition for yourself — that's what "self-petition" refers to.

See how self-filers and attorney cases went

Filter by filing method, field, and profile, with RFE history and timeline attached.

Explore the cases