The EB-2 NIW category is frequently used when the immigrant does not have an employer to sponsor them or when the employer is unwilling or unable to obtain a labor certification.

EB-2 is the Employment 2nd preferance category.  It is for professionals holding advanced degrees.   

Winning the EB-2 case requires proof of three things.  First, one must show that the field of endeavor is of substantial intrinsic merit. Second, one must show that the impact of the work is national in scope.  Third, one must show that the national interest will be better served by waiving the job offer requirement, (and since no job offer is required no labor certification is required) than by requiring a labor certification.

One way to prove the third part of the test is to show that the beneficiary has extraordinary ability.  The extraordinary ability standard for EB-2 NIW is different and slightly less demanding than the extraordinary ability standard for the EB-1(A).

Probably the most common mistake made in NIW petitions is to argue that there is a shortage of people in the U.S. who have the same skills and accomplishments as the immigrant.  This will resultin a denial with instructions to go get a labor certification because shortages of workers is precisely what the labor certification is all about.