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The EB-2 NIW (National Interest Waiver) is a visa that offers a path to permanent residence and long-term residency in the United States without the need for a job offer or employer sponsorship.
This visa category is designed for professionals with advanced degrees or exceptional ability whose work benefits the U.S. national interest. This means that, if you have the qualifications and can demonstrate that your contributions matter to the country, the EB-2 NIW is most certainly an option that will allow you to self-petition for a green card.
The following guide explains who qualifies for the EB-2 NIW, how to meet the legal requirements if you happen to have a good profile for it, and what to expect throughout the application process.
For a complete overview of this visa category, please visit our EB-2 NIW visa guide.
What is the EB-2 NIW?
NIW stands for National Interest Waiver. The EB-2 NIW, then, is a green card path for professionals whose work benefits the U.S. national interest.
The EB-2 NIW is a subcategory of the EB-2 employment-based visa classification. The difference is that, while the standard EB-2 requires a U.S. employer to sponsor you and complete a labor certification (PERM), with the National Interest Waiver you can file the petition yourself, acting as both the petitioner and the beneficiary.
Now, what's the reasoning behind this visa category? The waiver exists because Congress recognized that certain foreign nationals perform work so valuable to the United States that asking them to go through the standard labor certification process would not serve the national interest. This applies to professionals in fields like science, technology, healthcare, business, education, and the arts who meet the criteria.
Who qualifies for the EB-2 NIW?
To qualify for an EB-2 NIW, you must first meet the basic requirements of the EB-2 category. This means demonstrating that you are either a professional with an advanced degree or a person of exceptional ability in your field. You must also show that your work meets the criteria for the National Interest Waiver.
Advanced Degree
You qualify under the advanced degree category if you hold a U.S. master's degree or higher, or a foreign equivalent. Alternatively, you can qualify with a U.S. bachelor's degree (or foreign equivalent) plus at least five years of progressive work experience in your specialty.
The work experience must be in the same field as your degree or a closely related area. You will need academic transcripts, and if your degree is from outside the U.S., a credential evaluation. Your passport must remain valid throughout the process.
Exceptional Ability
If you do not meet the advanced degree requirements, you may still qualify by proving exceptional ability in the sciences, arts, or business. USCIS requires you to meet at least three of six criteria:
- official academic records showing a degree related to your field;
- at least ten years of full-time experience;
- a professional license or certification;
- evidence of a salary that reflects exceptional ability;
- recognition through awards or other achievements;
- or membership in professional associations that require outstanding accomplishment.
The Dhanasar framework: how to prove national interest
One thing is to demonstrate eligibility for the EB-2 category, and another is to demonstrate that you deserve the National Interest Waiver. The National Interest Waiver is a very difficult visa to qualify for because your contributions must be highly valuable and needed in the United States.
USCIS evaluates EB-2 NIW petitions using a framework established in Matter of Dhanasar (2016). This three-prong test focuses on your proposed work rather than past achievements alone and helps you understand the thought process behind this visa. However, because qualifying in practice can be challenging, we also recommend you to check if your profile may be more compatible with other visa types.
Prong 1: Substantial merit and national importance
Your proposed work must have both substantial merit and national importance.
- Substantial merit means your endeavor has inherent value in areas like business, healthcare, technology, education, or culture.
- National importance means the impact extends beyond a single employer or locality.
Even though your work doesn't have to help the whole country, it should deal with issues that affect the whole country or be a model that can be used in other places.
Prong 2: Well positioned to advance the endeavor
You must show that you are well positioned to carry out your proposed work.
USCIS looks at your education, skills, knowledge, and track record. Evidence includes your academic credentials, professional experience, publications, patents, awards, and any progress you have already made toward your goals. Letters from experts in your field can strengthen this prong by explaining why you are uniquely qualified.
Prong 3: Beneficial to waive the job offer requirement
The third prong requires a balancing test.
You must demonstrate that the United States would benefit more from waiving the job offer and labor certification requirements than from enforcing them. This is often satisfied when obtaining a labor certification would be impractical (such as for entrepreneurs), when the urgency of your work makes delays harmful, or when your contributions are so significant that protecting the U.S. labor market is less important than securing your expertise.
Which visa is the best for you?Get matched with visa options based on your profile and current situation using our free tool.
How to apply for an EB-2 NIW: step-by-step process
Applying for an EB-2 NIW involves several stages. Knowing what to do at each step helps you get the right paperwork ready and set reasonable deadlines.
Step 1: File Form I-140
The first step is filing Form I-140, Immigrant Petition for Alien Workers, with U.S. Citizenship and Immigration Services (USCIS). Because the EB-2 NIW allows self-petitioning, you file this form on your own behalf. Your petition must include evidence proving you meet the EB-2 qualifications and satisfy all three Dhanasar prongs. Always check the official USCIS website for current filing instructions and addresses.
Step 2: Wait for your priority date
When USCIS receives your petition, you are assigned a priority date. This date represents your place in line for a green card. There are limits on the number of employment-based green cards that can be issued each year and by country. This causes applicants from some countries to be held up. You can only proceed to the final step once your priority date becomes current according to the monthly Visa Bulletin published by the Department of State.
Step 3: Adjustment of status or consular processing
Once your I-140 is approved and your priority date is current, you apply for permanent residence. If you are already in the United States on a valid nonimmigrant status, you file Form I-485 to adjust your status. If you are abroad, you complete consular processing at a U.S. embassy or consulate in your home country. Upon approval, you receive your green card and become a lawful permanent resident.
Required Documents for an EB-2 NIW Petition
A strong EB-2 NIW petition requires comprehensive documentation. You will need:
- Academic transcripts or credential evaluations to prove your advanced degree or exceptional ability.
- A detailed personal statement should describe your proposed endeavor and explain how it benefits the national interest.
- Reference letters from outside experts in your field give you more credibility by explaining why your work is important.
- Additional evidence may include peer-reviewed publications, citation records, patents, awards, media coverage, or proof of business impact.
To review what this documentation entails in depth, please visit our EB-2 NIW visa guide, where we cover more documentation and what to do when you receive a pushback like an RFE.
At Tukki, our immigration attorneys help you build a strong petition by translating complex legal requirements into clear, actionable steps. We combine legal expertise with a platform that keeps your case organized from start to finish, whenever you feel ready, we'd love to have a chat.