The EB-2 National Interest Waiver (NIW) is a special provision within the EB-2 category that allows foreign nationals to bypass the traditional labor certification process and employer sponsorship if their work is deemed to be in the national interest of the United States. This option is ideal for individuals with advanced degrees or exceptional abilities who can demonstrate that their contributions will benefit the country in significant ways.

To qualify for an EB-2 NIW, applicants must meet the following criteria:

Eligibility for EB-2: The applicant must either hold an advanced degree (master’s degree or higher) or possess exceptional ability in their field of expertise, demonstrated by meeting at least three of the regulatory criteria (e.g., extensive work experience, significant recognition, or professional membership).
Satisfy the NIW Standard: Applicants must prove that their work is of substantial merit and national importance, that they are well-positioned to advance their proposed endeavor, and that it would benefit the U.S. to waive the labor certification requirement. This standard, established by the Matter of Dhanasar decision, provides a flexible framework for a wide range of professions, including science, medicine, education, technology, and the arts.

The EB-2 NIW is particularly advantageous because it allows individuals to self-petition, meaning they do not need a specific job offer or employer sponsorship. This provides significant flexibility, especially for entrepreneurs, researchers, and independent professionals pursuing projects that serve the public interest.

At our firm, we specialize in crafting strong NIW petitions tailored to each applicant’s unique qualifications and contributions. Whether you’re an innovator, researcher, or thought leader, we’ll guide you through every step of the process to help secure your green card and continue making an impact in the United States.